CHICAGO–(BUSINESS WIRE)–If You Purchased Liquid Aluminum Sulfate From January 1, 1997 Through February 28, 2011, You Could Get Money From Class Action Settlements Totaling Up To $33.625 Million
Please read this entire Notice carefully. Settlements of the lawsuit may affect your rights.
Settlements have been reached in a lawsuit pending in the United States District Court for the District of New Jersey (the “Court”) against the following Defendants: General Chemical Corporation, General Chemical Performance Products, LLC, General Chemical LLC, GenTek Inc., Chemtrade Logistics Income Fund, Chemtrade Logistics Inc., Chemtrade Chemicals Corporation, Chemtrade Chemicals US, LLC, Chemtrade Solutions, LLC, C&S Chemicals, Inc., USALCO, LLC, Kemira Chemicals, Inc., Southern Ionics Incorporated, GEO Specialty Chemicals, Inc., Frank A. Reichl, Vincent J. Opalewski, Alexis Palvlos Avraamides, Amita Gupta, Milton Sundbeck, Kenneth A. Ghazey, Brian C. Steppig, American Securities LLC, Matthew Lebaron, and Scott Wolff. Plaintiffs in the lawsuit claim that Defendants hurt competition and violated state antitrust, consumer protection, and other laws by allocating customers and markets and fixing the price of Liquid Aluminum Sulfate (“Alum”), thereby causing indirect purchasers to pay too much for Alum. Defendants deny any wrongdoing.
Settlements have been reached with Defendant Kemira Chemicals Inc. and its current and former, direct and indirect parents, subsidiaries, affiliates, insurers, directors, officers, shareholders, and employees (collectively, the “Kemira Settling Defendants”), with Defendants General Chemical Corporation, General Chemical Performance Products, LLC, General Chemical LLC, GenTek Inc., Chemtrade Logistics Income Fund, Chemtrade Logistics Inc., Chemtrade Chemicals Corporation, Chemtrade Chemicals US, LLC, Chemtrade Solutions, LLC, and their current and former, direct and indirect parents, subsidiaries, affiliates, insurers, directors, officers, shareholders, and employees, including Frank A. Reichl, Vincent J. Opalewski, Alexis Palvlos Avraamides, Amita Gupta, Matthew Lebaron, and Scott Wolff (collectively, the “Chemtrade Settling Defendants”), with Defendants Southern Ionics Incorporated and its current and former, direct and indirect parents, subsidiaries, affiliates, insurers, directors, officers, shareholders, and employees, and Milton Sundbeck (the “Southern Settling Defendants”), with USALCO LLC, and its current and former, direct and indirect parents, subsidiaries, affiliates, insurers, directors, officers, shareholders, and employees (the “USALCO Settling Defendants”), with American Securities LLC, and its current and former, direct and indirect parents, subsidiaries, affiliates, insurers, directors, officers, shareholders, and employees (the “American Securities Settling Defendants”), and with C&S Chemicals, Inc. and its current and former, direct and indirect parents, subsidiaries, affiliates, insurers, directors, officers, shareholders, and employees (“C&S Chemical Settling Defendants”) (collectively, the “Settling Defendants”).
WHO IS INCLUDED IN THE CLASS? The Indirect Purchaser Settlement Classes consist of all persons or entities in AL, AR, AZ, CA, CO, DC, FL, HI, IL, IA, KS, ME, MA, MI, MN, MS, NE, NV, NH, NM, NY, NC, ND, OR, PR, RI, SC, SD, TN, UT, VT, WV, and WI that purchased Alum, not for resale, which was manufactured, produced, or supplied by Defendants or their unnamed co-conspirators from January 1, 1997, through February 28, 2011. Excluded from the Class are Defendants, co-conspirators, and their respective parents, subsidiaries, and affiliates.
WHAT DO THE SETTLEMENTS PROVIDE? The Kemira Settling Defendants agreed to pay into an Escrow Account the sum of $2,350,000, the Chemtrade Settling Defendants agreed to pay the sum of $14,000,000, the Southern Settling Defendants agreed to pay the sum of $5,000,000, the American Securities Settling Defendants agreed to pay the sum of $2,200,000, the USALCO Settling Defendants agreed to pay the sum of $5,000,000, and the C&S Chemicals Settling Defendants agreed to pay the principal amount of $700,000 plus interest (collectively, the “Settlement Funds”). In addition, the Kemira Settling Defendants, the Chemtrade Settling Defendants, and the Southern Settling Defendants each agreed to provide certain nonmonetary assistance to Indirect Purchaser Plaintiffs.
At this time, Interim IPP Lead Counsel will seek an award of attorneys’ fees in the amount of 33 1/3% of the Settlement Funds, plus reimbursement of certain of their out-of-pocket expenses incurred so far in this litigation and not already reimbursed, including expert witness expenses incurred to date, as well as service awards for the class representatives of up to $25,000 each from the Settlement Funds in recognition of their efforts to date on behalf of the Classes.
HOW DO I RECEIVE A PAYMENT FROM THE SETTLEMENTS? You must submit a Claim Form postmarked no later than February 15, 2020. The Claim Form and instructions on how to submit it are available at www.LiquidAluminumSulfate.com or by calling 1-866-217-4455.
WHAT ARE YOUR OPTIONS? If you wish to remain an Indirect Purchaser Settlement Class Member, you need not take any action at this time. You will give up your right to sue the Settling Defendants for the claims that the Settlements with them will resolve. If you want to keep the right to sue or continue to sue some or all of the Settling Defendants about the legal issues in this case, then you must exclude yourself from some or all of the Indirect Purchaser Settling Classes. If you exclude yourself from any of the Indirect Purchaser Settlement Classes, you will not get any payment from the Settlements for such classes. To exclude yourself from some or all of the Settlements, you must send a letter to the Settlement Administrator, postmarked no later than October 7, 2019. You may also comment on or object to some or all of the proposed Settlements. Your objections must be filed no later than October 7, 2019. Details on how to request exclusion, to comment, or to object to some or all of the Settlements are available on the Settlements’ website, www.LiquidAluminumSulfate.com.
WHO REPRESENTS ME? The Court appointed Jay B. Shapiro of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. and Marvin A. Miller of Miller Law LLC as Interim IPP Lead Counsel to represent the Indirect Purchaser Settlement Classes on an interim basis and for purposes of the Settlements. If you want to be represented by your own lawyer, you may hire one at your own expense.
The Court will hold a final fairness hearing to decide whether to approve the terms of the Settlements at 2:00 p.m. on November 7, 2019, at the Martin Luther King, Jr. Building & U.S. Courthouse, 50 Walnut Street, Room MLK 4A, Newark, New Jersey 07101. If there are objections, the Court will consider them but may still approve the Settlements. You may appear at the hearing, but you are not required to do so. The hearing may be rescheduled without notice to the Class, so if you plan to attend, please periodically check the Settlements’ website for any updates.
This Notice is only a summary. For more information and updates on the status of the lawsuit, please visit the Settlements’ website, www.LiquidAluminumSulfate.com or call 1-866-217-4455.
Contacts
Contact: Marvin Miller
312-332-3400
