If you
purchased polyether polyols, MDI, and/or TDI, you could get a payment from a
class action settlement.
What's This About?
The settlement arises from a class action lawsuit that the class plaintiffs,
Seegott Holdings, Inc. and Industrial Polymers, Inc., have filed against
Defendants Bayer AG, Bayer Corporation, Bayer MaterialScience AG, Bayer
MaterialScience LLC (collectively, "Bayer"), BASF AG, BASF Corporation, The Dow
Chemical Company, Huntsman International LLC, and Lyondell Chemical Company.
Plaintiffs allege that the Defendants
IMPORTANT DATES
& DEADLINES
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| Request an Exclusion: |
Deadline Has Passed |
| Object to the Settlement: |
Deadline Has Passed |
| File an Objection to the Plan of Allocation or Fee Petition: |
Deadline Has Passed |
| Fairness Hearing: |
July 20, 2009 at 9:30 a.m.
US District Court,
Kansas City, Kansas
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unlawfully agreed to fix, raise, maintain, or stabilize the prices of and/or
allocate the markets for polyether polyols, MDI and TDI, whether sold
separately or combined in a system ("Products"), in violation of federal
antitrust law. Plaintiffs have reached a negotiated settlement of the claims
against Bayer. Bayer has denied engaging in any wrongful conduct.
Pursuant to the Settlement Agreement (accessible on the right side of this
page), Bayer paid $55.3 million into a settlement fund for the benefit of the
settlement class. Including accrued interest, the settlement fund balance as of
May 2009 was approximately $58.9 million. Bayer also agreed to cooperate with
Plaintiffs in the ongoing litigation against the remaining Defendants.
On August 30, 2006, the Honorable John W. Lungstrum of the United States
District Court for the District of Kansas determined that the Bayer settlement
was fair, reasonable, and adequate. You may view or download the Court's final
approval order on the right side of this page. That decision is final and not
subject to challenge. Plaintiffs continue to pursue their claims against the
remaining Defendants.
On July 21, 2009, the Court approved the proposed Plan of Allocation, with some
modifications. Under the approved Plan of Allocation, the net settlement
proceeds (after payment of the fees and expenses, including costs of
administering the distribution, ordered by the Court) will be distributed to
Settlement Class members on a pro rata basis in proportion to the dollar
amount of their eligible Product purchases during the Class Period. You may
view or download a copy of the Plan of Allocation or the Court's Order on the
right side of this page. The Court also awarded to Class Counsel attorneys'
fees equal to one-third of the Bayer settlement fund and reimbursement of
litigation expenses incurred through December 31, 2008. You may view or
download a copy of the Fee Petition or the Court's Order on the right side of
this page.
Who is Part of the Settlement Class?
The Court has certified a settlement class that includes all persons and
entities who purchased polyether polyols, monomeric or polymeric
diphenylmethane diisocyanate("MDI"), and/or toluene diisocyanate ("TDI"),
whether sold separately or in a combined form with or without other chemicals
added thereto (e.g., systems), directly from any Defendant at any time from
January 1, 1999 through December 31, 2004, in or for delivery in the United
States and its territories (excluding all governmental entities, any
defendants, their employees, and their respective parents, subsidiaries, and
affiliates). A list of the Products included in the settlement is available on
the right side of this page.
When Will Claim Forms Be Mailed?
Claim forms were mailed on October 9, 2009. Each claim form is personalized to
each settlement class member and identifies the amount of the Class member's
relevant Product purchases during the Class Period, in dollars, from each of
Bayer, BASF, Dow, Huntsman and Lyondell. Detailed instructions explaining how
to complete the claim form are included. Settlement class members will not need
to collect any additional documentation to submit a claim.
To make a claim and receive a distribution from the Settlement Fund, settlement
class members must return a properly completed claim form to the
Claims Administrator postmarked no later November 23, 2009.
For information concerning the Settlement, view the documents on the right side
of this page or contact Class Counsel or the Settlement Administrator, listed
below. Please do not contact the Court, the Clerk's Office, or Bayer.
| Cohen Milstein Sellers & Toll PLLC |
Richard A. Koffman, Esq.
Cohen Milstein Sellers & Toll PLLC
West Tower, Suite 500
1100 New York Avenue, NW
Washington, DC 20005-3964
(202) 408-4600
rkoffman@cohenmilstein.com |
| Fine, Kaplan and Black, R.P.C. |
Gerard A. Dever, Esq.
Fine, Kaplan and Black, R.P.C.
1835 Market Street
Suite 2800
Philadelphia, PA 19103
(215) 567-6565
gdever@finekaplan.com
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| Settlement Administrator |
Urethane Antitrust Litigation
Polyether Polyol Cases
c/o Complete Claim Solutions, Inc.
P.O. Box 24628
West Palm Beach, FL 33416
UrethaneInfo@CompleteClaimSolutions.com
If you would like to speak with the Administrator's Office, please call
toll-free:
877-741-1226
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