If your company directly purchased Flexible Polyurethane Foam during the period from January 1, 1999 through July 31, 2010, from any of the Defendants, their subsidiaries, or affiliates, you may be entitled to a significant settlement from a class action suit.
Class Action Case: Precision Associates, Inc. v Panalpina World Transport, No. 08-cv-00042 (E.D.N.Y.) (JG) (VVP)
Court Approved Website: www.flexiblepolyurethanefoamsettlement.com
Current Settlement Amount: $275 million
Claim Submission Deadline: September 15, 2015
Case Summary: Plaintiffs allege that the Defendants conspired to fix prices of Flexible Polyurethane Foam, which caused them to pay more for the product than they would have otherwise paid. Although the Court has not ruled on the underlying merits of the case, defendants have entered into settlements with the plaintiffs.
Settlement Class Members: Businesses that directly purchased Flexible Polyurethane Foam during the period from January 1, 1999 through July 31, 2010, from any of the Defendants, their subsidiaries, or affiliates.
Flexible Polyurethane Foam: Flexible polyurethane foam is used as cushioning for a wide variety of consumer and commercial products including furniture, carpet cushion, transportation (seating, headrests, arm rests, HVAC components, etc…), bedding, packaging, textiles and fibers. Its usage consists mostly of slabstock, which is used primarily for carpet cushion, bedding and furniture. Most of the remainder is used by the transportation industry for automotive interiors and other purposes.
Direct Purchaser: A direct purchaser is a company that purchased and made payment directly to the Defendants and not to a broker or distributor.
Defendants: Vitafoam, Inc. and Vitafoam Products Canada Limited (collectively, “Vitafoam”); Domfoam International Inc. and Valle Foam Industries (1995) Inc. (collectively, “Domfoam”); Carpenter Co., E.R. Carpenter, L.P. and Carpenter Holdings, Inc. (collectively, “Carpenter”); Leggett & Platt, Inc. (hereafter, “Leggett & Platt”); FPP Holdings LLC (formerly known as Flexible Foam Products, Inc. and hereafter “FPP”); FXI – Foamex Innovations, Inc. (“FXI”); Future Foam, Inc. (“Future Foam”); Hickory Springs Manufacturing Company (“Hickory Springs”); Mohawk Industries Inc. (“Mohawk”); Woodbridge Foam Corporation, Woodbridge Sales & Engineering, Inc. and Woodbridge Foam Fabricating, Inc. (collectively, “Woodbridge”). There are also a number of individuals and entities that were originally included as Defendants but have since been voluntarily dismissed from the litigation without prejudice and are considered Co-Conspirators for purposes of this settlement. These individuals and companies include: David Carson; Louis Carson; Ohio Decorative Products, Inc.; Inoac International Co., Ltd.; Inoac USA Inc.; Inoac Corporation; and Crest Foam Industries Inc.