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Polyurethane Foam Price Fixing

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This proposed class action alleges that the defendants engaged in unlawful price fixing of polyurethane foam and/or products containing polyurethane foam (“Foam Products”) between January 1, 1999 and August 3, 2010. Copies of the notices of civil claim can be viewed below. Proposed class actions have also been commenced in Ontario and Quebec.

Pour de plus amples information en Français, vous pouvez consulter le site Internet: http://www.recourscollectif.info/fr/dossiers/mousse/.

Settlement Approval Hearing

The settlement approval hearings will be held:

  • in Vancouver, BC on March 6, 2017 at 10 a.m.,
  • in Montreal, Québec on March 21, 2017 at 9:00 a.m.; and
  • in London, Ontario on April 12, 2017 at 9:30 a.m.

The lawyers will ask the BC Court for approval of a fee of 25% of all settlement funds achieved plus taxes and case expenses. The amount that is approved by the Courts as fair and reasonable will be deducted from the settlement funds

New Settlements

A new settlement has been reached with the remaining defendants, Foamex Innovations, Inc., Foamex Innovations Canada, Inc., Les Industries Foamextra Inc. and certain individuals for $2,450,000.

Prior Settlement

The Courts have approved the settlement with Domfoam/Valle Foam and and certain individuals and $5,450,780.44 has been recovered. Additional money may still be received from Domfoam/Valle Foam’s insolvency and an assignment. The Courts have also approved settlements with the defendants Carpenter, Vitafoam, FFP/Flexible Foam, Future Foam, Hickory Springs, Leggett & Platt, Mohawk Industries, Woodbridge and certain individuals for a further recovery of $29,282,497.

Distributing Settlement Funds to Class Members

A proposed distribution protocol has been finalized by the lawyers in consultation with economic and industry experts and the Courts will be asked to approve that distribution protocol and a settlement administration protocol at the settlement approval hearings.

The money will be distributed to the purchasers of flexible polyurethane foam, products which contain flexible polyurethane foam and carpet underlay made from flexible polyurethane foam. No more money will be paid for purchases of molded or technical flexible polyurethane foam and products which contain molded or technical flexible polyurethane foam.

Details about the distribution protocol will be posted at www.foamclassaction.ca and www.recourscollectif.info/fr/dossiers/mousse .  A new notice will also be published.

Settlement class members should retain all proof of purchase of flexible polyurethane foam, products which contain flexible polyurethane foam and carpet underlay made from flexible polyurethane foam between January 1, 1999 and January 10, 2012 and monitor this website for updated information.

If you would like direct notice of steps relating to the distribution protocol, contact Sharon Wong, paralegal at (604) 689-7555 or by email at polyfoam@cfmlawyers.ca.

Defendants Full Legal Names

Domfoam/Valle Foam:
Domfoam International, Inc., Valle Foam Industries (1995) Inc., A-Z Sponge & Foam Products Ltd. and Dean Brayiannis and
FXI:
Foamex Innovations, Inc., Foamex Innovations Canada, Inc., Michael Calderoni, Donald Phillips and Vicenzo Bonaddio
FFP/Flexible Foam:
FFP Holdings, LLC (formerly known as Flexible Foam Products, Inc.)
Future Foam:
Future Foam, Inc. and Bruce Schneider
Hickory Springs:
Hickory Springs Manufacturing Company
Leggett & Platt:
Leggett & Platt, Inc.
Mohawk:
Mohawk Industries, Inc.
Vitafoam:
Vitafoam Products Canada Limited and Vitafoam, Inc.
Carpenter:
Carpenter Co. and Carpenter Canada Co. and Michael Lajambe
Woodbridge:
Woodbridge Foam Corporation
Former FXI Individuals:
Douglas Dolphin and Anthony DaCosta

Important Documents

Please contact our co-counsel in Ontario and Quebec for the orders from those courts.

 July 2015 Notices and Orders

 

 




Polyurethane Foam Price Fixing - Status Updates:

January 12, 2017

Polyurethane Foam – FXI Settlement - View

July 28, 2015

BC, Ontario and Quebec Certify Polyurethane Foam Actions for Settlement Purposes. - View

May 7, 2015

Polyurethane Foam update - View

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