Class Members Eligible for Drywall Direct Purchasers Antitrust Litigation:
The Joint Settlement ($125 million) includes all persons or entities that purchased Wallboard in the United States during the period January 1, 2012 through December 31, 2013 directly from (a) any Manufacturer (including Georgia Pacific) and/or (b) L&W Supply Corporation or any of its subsidiaries or affiliates (collectively, “L&W”).
The TIN and USG settlement ($44.5 million) includes all persons or entities that purchased Wallboard in the United States during the period January 1, 2012 through November 30, 2014 directly from (a) any Manufacturer (excluding Georgia Pacific) and/or (b) L&W Supply Corporation or any of its subsidiaries or affiliates (collectively, “L&W”).
The Lafarge settlement ($23 million) includes all persons or entities that purchased Wallboard in the United States during the period January 1, 2012 through June 16, 2016 directly from (a) any Manufacturer (excluding Georgia Pacific) and/or (b) L&W Supply Corporation or any of its subsidiaries or affiliates (collectively, “L&W”).
What are Wallboard products included in the Drywall Direct Purchasers Antitrust Litigation?
Wallboard products refer to paper-backed gypsum wallboard, which is also known as drywall or plasterboard. Alternatively, panel products consisting of a gypsum core with a paper surfacing on the face and back.
Drywall Direct Purchasers Antitrust Litigation Settlement Manufacturers:
Eligible purchases in the matter included purchases from 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., Georgia Pacific LLC, and L&W Supply Corporation or any of subsidiaries or affiliates (collectively, “L&W”).
L&W Supply Corporation subsidiaries or affiliates:
- Acoustical & Drywall Supply
- Acoustical Material Supply
- Alabama Drywall Supply
- All-Interior Supply Inc.
- Arrowhead Drywall Supplies
- Barnett Drywall & Supplies
- Builders Supply
- Building Specialties
- Capitol Drywall Supply
- Chicago Area Building Specialties (CABS)
- CK Supply
- Desert Building Materials
- E-C Drywall Supply
- Great Lakes Gypsum & Supply
- Indianapolis Drywall Supply
- M&S Drywall Supply
- River City Materials
- Seacoast Supply
- Wabash Valley Supply
- Wausau Brick&Gypsum
- Wisconsin Drywall Distributors
Drywall Direct Purchasers Antitrust Litigation Settlement Case History:
Starting in December 2012, direct purchasers of Wallboard filed lawsuits claiming that the Manufacturers conspired to fix prices, in violation of the federal antitrust laws, and the cases were consolidated before Judge Baylson in the Eastern District of Pennsylvania. On June 24, 2013, Plaintiffs filed a Consolidated Amended Class Action Complaint (the “Complaint”). Defendants answered the Complaint, denying that they violated the federal antitrust laws and asserting defenses to Plaintiffs’ claims.
The lawsuit asserts that the Manufacturers conspired, in violation of the federal antitrust laws, to raise, fix, maintain or stabilize the price of Wallboard and, to help further this price-fixing conspiracy, to abolish the industry’s long-standing practice of limiting price increases for the duration of a construction project through the use of “job quotes.” The lawsuit alleges that as a result of the Manufacturers’ alleged conduct, the prices paid for Wallboard were higher than they otherwise would have been. Plaintiffs seek to recover three times the actual damages that they allege the Manufacturers’ conduct caused, as well as attorneys’ fees, expenses and costs. Defendants deny Plaintiffs’ allegations, but the Court has found that Plaintiffs have submitted sufficient evidence to allow their claims regarding the alleged conspiracy to go to trial against certain Defendants.
In February 2015, Plaintiffs reached separate settlement agreements with USG and TIN for $39.25 million and $5.25 million, respectively, and the District Court granted final approval of those settlements on August 20, 2015. In June 2016, Plaintiffs reached a settlement agreement with Lafarge for approximately $21.2 million, and the District Court granted final approval of that settlement on December 7, 2016. As a result of these settlements, USG, TIN, and Lafarge have been dismissed from the case.
The Court has not resolved the merits of Plaintiffs’ claims, or determined whether the Plaintiffs’ or Defendants’ contentions are true. In February 2016, the Court found that Plaintiffs offered sufficient evidence to allow their claims to go forward against Lafarge (which subsequently settled), NGC, Eagle Materials, American Gypsum, and PABCO. However, the Court found Plaintiffs’ evidence insufficient to allow their claims to go forward against CertainTeed.
On August 23, 2017, the Court granted Plaintiffs’ motion to certify a class for trial. If you purchased Wallboard directly from certain manufacturers between January 1, 2012 and January 31, 2013, you may be a member of this “Litigation Class.” Subsequent to the Court’s decision, Plaintiffs reached a settlement with the remaining Defendants (NGC, Eagle Materials, American Gypsum, and PABCO).
Settlements reached so far include:
- LaFarge North America, Inc. (“LaFarge”) for $23 million;
- TIN, Inc. (“TIN”) for $5.25 million and cooperation;
- USG Corporation, United States Gypsum Company, and USG Corporation’s subsidiary L&W Supply Corporation (collectively, “USG”) for $39.25 million and cooperation; and
- “Joint Settlement Class” – American Gypsum Company LLC, Eagle Materials Inc., New NGC Inc., and PABCO Building Products LLC for $125 million.
Our Class Action Settlement Services:
CAC Recovery navigates the complex intricacies of the Drywall Direct Purchasers Antitrust Litigation Settlement claims filing process to help businesses maximize their settlement recoveries.
Our class action settlement services include:
- Identifying class action claims where businesses may be eligible to file
- Filing the class action claim with supporting documentation
- Interacting with the class action Claims Administrator
- Providing updates on class action claim settlements status
- Resolving Claims Administrator questions on claims
- Reviewing the recovery to assure the correct compensation claims amount has been received
Our Guarantee: We Get Paid When You Recover – No hidden charges or up-front fees. We provide our class action settlements services based on a contingency fee.
Getting Started is easy! If you represent a business we’ll first have you fill out our ‘Get Started‘ form and a CAC representative will contact you within 24 hours to review your eligibility and walk you through the claims process.