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Freight forwarding companies (“Defendants”) around the world were sued by a group of businesses (“Plaintiffs”) who claim that the companies conspired, in violation of antitrust laws, to fix the prices for freight forwarding services during certain time periods.
Plaintiffs claim that Defendants’ conspiracies were worldwide, including on shipping routes between the United States and China, Hong Kong, Japan, Taiwan, the United Kingdom and other parts of Europe. Plaintiffs claim that Defendants agreed to fix various charges and surcharges associated with providing freight forwarding services.
Settlements were reached in 2013 with 10 Defendants (see Question 2). Settlements have now been reached with 19 additional Defendants, and that is why you are receiving this second Notice. This group of Defendants is called Settling Defendants and are the following companies:
- Agility Holdings, Inc.; Agility Logistics Corp.; Geologistics Corp.; and Geologistics International Management (Bermuda) Limited (together, “Agility”);
- Dachser GmbH & , KG, doing business as Dachser Intelligent Logistics; and Dachser Transport of America, Inc. (together, “Dachser”);
- Deutsche Post AG; Danzas Corporation (doing business as DHL Global Forwarding); DHL Express (USA) Inc.; DHL Global Forwarding Japan K.; DHL Japan Inc.; Exel Global Logistics, Inc.; and Air Express International USA, Inc. (together, “DHL”)for the severed Japanese claims only;1
- DSV A/S; DSV Solutions Holding A/S; and DSV Air & Sea Ltd. formerly known as DFDS Transport (HK) Ltd. (together, “DSV”);
- Geodis S.A. and Geodis Wilson USA, Inc. (together, “Geodis”);
- The “Japanese Defendants” included in one Settlement:
- Hankyu Hanshin Express Holding Corporation formerly known as Hankyu Express International Co., Ltd. and its subsidiary, Hankyu Hanshin Express Co., Ltd., and its U.S. subsidiary, Hanshin Air Cargo USA, Inc. (together, “Hankyu Hanshin”);
- Japan Aircargo Forwarders Association (“JAFA”);
- Kintetsu World Express, Inc. and its U.S. subsidiary, Kintetsu World Express (U.S.A.), Inc. (together, “Kintetsu”);
- “K” Line Logistics, Ltd., and its U.S. subsidiary “K” Line Logistics (U.S.A.), Inc. (together, “”K” Line”);
- MOL Logistics (Japan) Co., Ltd., and its U.S. subsidiary, MOL Logistics (USA) Inc. (together, “MOL Logistics”);
The severed Japanese claims are: Fuel surcharge, Security & Explosives Examination Fee, Air AMS on routes from Japan to the United States, and the Regional Japanese Conspiracy.
- Nippon Express Co., Ltd. and its U.S. subsidiary, Nippon Express USA, (together, ”Nippon Express”);
- Nissin Corporation and its U.S. subsidiary, Nissin International Transport S.A., Inc. (together, “Nissin”);
- Yamato Global Logistics Japan Co., Ltd., and its U.S. affiliate, Yamato Transport
U.S.A. Inc. (together, ”Yamato”);
- Yusen Air & Sea Service Co., Ltd. and its U.S. subsidiary, Yusen Air & Sea Service (U.S.A.), Inc. (together, ”Yusen”);
- Jet Speed Logistics, Ltd., also known as Jet Speed Air Cargo Forwarders (HK), Ltd.; Jet Speed Logistics (USA), LLC; and Jet-Speed Air Cargo Forwarders, Inc. (USA) (together, “Jet Speed”);
- Panalpina World Transport (Holding) Ltd. and Panalpina, Inc. (together, “Panalpina”);
- SDV Logistique Internationale (“SDV”);
- Toll Global Forwarding (USA), Inc.; Baltrans Logistics, Inc.; and Toll Holdings, (together, “Toll”); and
- United Parcel Service, Inc. and UPS Supply Chain Solutions, Inc. (together, “UPS”).
The lawsuit is continuing against two Defendant corporate families who are called Non-Settling Defendants.
You are a Class Member of one or more freight forwarding settlements if you directly purchased freight forwarding services from any of the defendants, their subsidiaries or affiliates in the United States (or outside the United States but for shipments within, to, or from the United States) between Jan. 1, 2001 and Sept. 14, 2012.
A list of the defendants is available at www.FreightForwardCase.com.
Varies. The money in the settlement fund will be distributed to Class Members on a pro rata basis as set forth in the Plan of Allocation. The Plan of Allocation can be found in the Important Documents section of the settlement website.
Proof of Purchase
N/A. Although the Claim Form does not specify the type of documentation required for filing a claim, Class Members should keep all documents they believe may help the Claims Administrator determine the amount owed.
If Class Members cannot submit detailed information, they can submit an explanation of why they are unable to submit documentation and provide an estimated amount, under penalty of perjury.
Claim Form Deadline
1st Round: 8/24/2015
2nd Round: 3/31/2016
If you have already submitted a claim (postmarked no later than Aug. 24, 2015) for the First Round Settlements, you do not need to file a claim for the Second Round Settlements. However, if you did not file a claim for the First Round Settlements, you may file a claim for the Second Round Settlements, postmarked no later than March 31, 2016.
3rd Round: 4/3/2017
Claimants who filed qualifying claims as part of the First or Second round settlements will not need to file another claim to obtain distribution as part of the Third Round settlements.
Precision Associates Inc. v. Panalpina World Transport, Case No. 08-cv-00042, in the U.S. District Court for the Eastern District of New York
UPDATE: A federal judge gave final approval to the freight forwarding price-fixing class action settlements on Nov. 10, 2015.
UPDATE 2: On November 9, 2016, the court granted final approval to the Third Round of the Freight Forwarding settlement. The claim deadline is April 3, 2017. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
LOVELL STEWART HALEBIAN JACOBSON LLP
LOCKRIDGE GRINDAL NAUEN PLLP
COTCHETT PITRE & MCCARTHY LLP
GUSTAFSON GLUECK PLLC
FULBRIGHT & JAWORSKI LLP
VINSON & ELKINS LLP
CLEARY GOTTLIEB STEEN & HAMILTON
FRANKFURT KURNIT KLEIN & SELZ PC
CARROLL MCNULTY & KULL LLC
QUINN EMANUEL URQUHART & SULLIVAN LLP
SKADDEN ARPS SLATE MEAGHER & FLOM LLP
SPECTOR RUBIN PA
KAPLAN MASSAMILLO & ANDREWS LLC
GIBSON DUNN & CRUTCHER LLP
LEVUN GOODMAN & COHEN LLP
HILL RIVKINS & HAYDEN LLP
BAKER & HOSTETLER LLP
SQUIRE SANDERS & DEMPSEY LLP
MORRISON & FOERSTER LLP
KOBRE & KIM LLP
WHITE & CASE LLP
HOGAN LOVELLS LLP
PROSKAUER ROSE LLP
BAKER & MCKENZIE LLP
BINGHAM MCCUTCHEN LLP
WILMER CUTLER PICKERING HALE & DORR LLP
DAVIS POLK & WARDWELL
SIMPSON THATCHER & BARTLETT LLP
MOUND COTTON WOLLAN & GREENGRASS