LIQUID ALUMINUM SULFATE ANTITRUST LITIGATION C&S DIRECT PURCHASER SETTLEMENT

CIVIL ACTION NO. 16-MD-2687 (JLL) (JAD)

UNITED STATES DISTRICT COURT, DISTRICT OF NEW JERSEY

FREQUENTLY ASKED QUESTIONS



SUMMARY OF THE SETTLEMENT


This is a partial settlement. Pursuant to the Settlement, C&S has agreed to pay a total of $1.3 million in cash, payable in equal monthly installments over four years, plus interest.

The net amount of the Settlement Fund, after payment of any taxes, administration expenses, and Court-approved attorneys’ fees, expenses and Case Contribution Awards, will be allocated to Direct Purchase Settlement Class Members, pro rata, according to a plan of distribution, approval of which will simultaneously be sought from the Court as part of the Settlement.

As with any litigated case, Direct Purchaser Class Plaintiffs would face an uncertain outcome against C&S if this lawsuit were to continue against them. Throughout this case, Direct Purchaser Class Plaintiffs, on the one hand, and C&S, on the other hand, have disagreed on both liability and damages, and they do not agree on the amount that would be recoverable even if Direct Purchaser Class Plaintiffs were to prevail at trial. Moreover, continued litigation could result in a judgment or verdict against C&S in an amount less than the recovery obtained by the Settlement, or no recovery at all. C&S denies and continues to deny the claims and contentions alleged by Direct Purchaser Class Plaintiffs, that it is liable at all to the Direct Purchaser Settlement Class, or that the Direct Purchaser Settlement Class suffered any damages for which C&S could be legally responsible. Nevertheless, C&S has taken into account the uncertainty and risks inherent in any litigation, particularly in a complex case such as this, and have concluded that it is desirable that the lawsuit be fully and finally settled as to C&S on the terms and conditions set forth in the Settlement Agreement.

BASIC INFORMATION


WHO IS AFFECTED BY THE SETTLEMENT

To see if you are affected by the Settlement, you first have to determine if you are a Direct Purchaser Settlement Class Member.


THE BENEFITS OF THE SETTLEMENT


EXCLUDING YOURSELF FROM THE DIRECT PURCHASER SETTLEMENT CLASS

If you want to keep the right to sue or continue to sue C&S on your own about the legal issues being resolved by the Settlement, then you must take steps to get out of the Direct Purchaser Settlement Class. This is called excluding yourself - or sometimes referred to as “opting out.” If you opt out of the Direct Purchaser Settlement Class, you will not receive any payment from the Net Settlement Fund.


THE LAWYERS REPRESENTING YOU


OBJECTING TO THE SETTLEMENTS, THE PLAN OF DISTRIBUTION AND/OR THE REQUEST FOR ATTORNEYS’ FEES, EXPENSES AND CASE CONTRIBUTION AWARDS


THE COURT’S FAIRNESS HEARING


IF YOU DO NOTHING


GETTING MORE INFORMATION

The Notice summarizes the Settlement. More details are in the Settlement Agreement. You can review the Settlement Agreement and other documents related to the Action by clicking here. In addition, Interim DPP Lead Counsel’s motions for final approval of the Settlement, Plan of Distribution and request for attorneys’ fees, expenses, and Case Contribution Awards are currently due to be filed with the Court by October 17, 2019 and will be available for review on the website.

If you have questions or want more information, you may contact the Settlement Administrator at Liquid Aluminum Sulfate Antitrust Litigation – C&S Direct Purchaser Settlements, c/o Settlement Administrator, P.O. Box 30097, Philadelphia, PA 19103; 1-855-338-6128. You can also contact Interim DPP Lead Counsel, James E. Cecchi, Esq., Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C., 5 Becker Farm Road, Roseland, NJ 07068; 973-994-1700.


PLEASE DO NOT WRITE OR CALL THE COURT
OR THE CLERK’S OFFICE FOR INFORMATION.




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