In Re: Domestic Drywall Antitrust Litigation

Welcome to the Domestic Drywall Direct Purchaser website.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

In Re: Domestic Drywall Antitrust Litigation
MDL No. 2437
and
13-MD-2437

Alert Regarding Solicitations from Claims Brokers: Some companies may offer to help you file your Claim Form in exchange for a portion of your recovery from the settlements. While you may choose to use such companies, you should know that you can file with the Claims Administrator on your own, free of charge. Additionally, you are entitled to contact the Claims Administrator for assistance with understanding and filing your Claim Form—again, at no cost to you.

If you purchased gypsum wallboard between January 1, 2012 and December 31, 2013, you may be a member of the American Gypsum, Eagle Materials, NGC and PABCO Settlement Class provisionally certified by the Court, and your rights may be affected if the Court approves this settlement.

There is a pending class action lawsuit on behalf of direct purchasers of Wallboard. “Wallboard” refers to paper-backed gypsum wallboard and is also known as drywall or plasterboard. The lawsuit alleges that CertainTeed Gypsum, Inc., USG Corporation, United States Gypsum Company, New NGC, Inc., Lafarge North America, Inc., Eagle Materials, Inc., American Gypsum Company LLC, PABCO Building Products, LLC, TIN, Inc., and Georgia Pacific LLC (collectively, the “Manufacturers”) participated in a conspiracy to raise, fix, maintain or stabilize prices of Wallboard in violation of federal antitrust laws. The Defendants deny that they violated the antitrust laws and have asserted defenses to the claims in this lawsuit. The Court has not determined who is right or wrong, except that the Court previously granted CertainTeed’s motion for summary judgment. However, the Court has found that Plaintiffs submitted sufficient evidence to allow their claims regarding the alleged conspiracy to move forward against American Gypsum, Eagle Materials, NGC and PABCO.

There are two new developments in this matter that you should be aware of:

A Joint Settlement has been entered into with the remaining Defendants in the case, American Gypsum, Eagle Materials, NGC, and PABCO for $125 million. This website (and the Class Notice) provides information about the creation of a settlement class for this settlement and the right to object to this settlement or exclude yourself from this settlement class.
If the Joint Settlement is approved by the Court, it will conclude the litigation and funds from this settlement and prior settlements with Defendants TIN, USG Corporation, United States Gypsum Company, and Lafarge will be distributed. This website (and the Class Notice) provides information about the Proposed Distribution of those funds.

You may have received prior notices regarding this lawsuit, including settlements with Lafarge for approximately $21 million, TIN for $5.25 million and cooperation, and with USG Corporation, United States Gypsum Company, and USG Corporation’s former subsidiary L&W Supply Corporation (collectively, “USG”) for $39.25 million and cooperation. The District Court granted final approval of the TIN and USG settlements on August 20, 2015 and granted final approval of the Lafarge Settlement on December 7, 2016. Lafarge, TIN and USG have been dismissed from the lawsuit. More information about the Lafarge, TIN and USG settlements can be found in the Frequently Asked Questions section as well. The Court’s opinions and orders can be found in the Court Documents section of this website.

If you purchased Wallboard in the United States directly from any of the Manufacturers from January 1, 2012 through June 16, 2016, you may be a member of one the settlement classes in the case. The combined settlements in this case are approximately $190.7 million. Co-Lead Counsel intends to ask the Court to distribute the settlement funds, after reduction for any court-approved attorneys’ fees, expense reimbursements, and service awards to the class representatives, to the members of the settlement classes. While the plan of allocation is described in more detail in the Notice, the settlement funds will generally be distributed pro rata based on Wallboard purchases from January 1, 2012 through December 31, 2013, plus some limited payments to class members who only purchased Wallboard after December 31, 2013. Co-Lead Counsel will also ask the Court to award attorneys’ fees of no more than 33 1/3 % of the combined settlements, reimburse expenses of no more than $4 million, and pay service awards of up to $75,000 for each of the class representatives.

Your Options:

Your Legal Rights and Options with Respect to the Joint Settlement Are Described in This Section
Remain a Member of the Joint Settlement Class by Doing Nothing	You do not need to take any action at this time to remain a member of the Joint Settlement Class. Your interests will be represented by the Class Representatives and Co-Lead Counsel. As a member of the Joint Settlement Class, you will be bound by any judgment dismissing the lawsuit against American Gypsum, Eagle Materials, NGC and PABCO, and you will not be able to file or maintain your own lawsuit against American Gypsum, Eagle Materials, NGC and PABCO regarding the subject of this lawsuit. By remaining in the Joint Settlement Class, you are eligible to receive a share of the Joint Settlement amount once it is paid out, after payment for attorneys’ fees, costs and other expenses as approved by the Court.
Exclude Yourself from the Joint Settlement Class	You have the right to exclude yourself from the Joint Settlement Class. If you exclude yourself from the Joint Settlement, you will not be bound by the Joint Settlement and will not be entitled to receive any money from the Joint Settlement. Excluding yourself from the Joint Settlement Class will have no effect on your rights with respect to the prior settlements with Lafarge, TIN or USG. Instructions on how to exclude yourself from the Joint Settlement Class can be found here
Hire Your Own Lawyer	You may, but are not required to, hire your own lawyer at your own expense to advise you of your rights under the Joint Settlement. If you do not request exclusion from the Joint Settlement Class you may also, but are not required to, enter an appearance in the lawsuit through your attorney.
Object to the Joint Settlement	If you do not choose to exclude yourself from the Joint Settlement Class, then you may write to the Court to object to the terms of the Joint Settlement. Instructions on how to object to the terms of the Joint Settlement can be found here.
Object to Plaintiffs’ proposed plan of distribution, request for attorneys’ fees and expenses, and request for service awards to the class representatives	If you are a member of any of the settlement classes (Joint Settlement, Lafarge, TIN and/or USG), then you may write to the Court to object to Plaintiffs’ proposed plan of distribution, request for attorneys’ fees and expenses, and request for service awards to the class representatives. Instructions on how to object to Plaintiffs’ proposed plan of distribution, request for attorneys’ fees and expenses, and request for service awards to the class representatives can be found here.