Drywall Makers Agree to Pay $125M to Settle Antitrust Claims
Three companies have agreed to pay $125 million to settle claims that they conspired to raise prices on drywall.
January 02, 2018 at 07:12 PM
3 minute read
David Young of Cohen Milstein.
Three companies have agreed to pay $125 million to settle claims that they conspired to raise prices on drywall.
A preliminary motion to approve the settlement is scheduled to be filed this month, said David Young, a partner at Washington, D.C.-based Cohen Milstein Sellers & Toll, a lead plaintiffs firm in the litigation that announced the deal on Tuesday. The firm, along with Philadelphia's Berger & Montague and Spector Roseman & Kodroff, represents direct purchasers such as drywall distributors and installers.
“Coming out of the Great Recession, demand for drywall, the stuff that goes up on our walls and ceilings, was low,” Young said. Then in the fall of 2011, drywall manufacturers announced a 30 percent price increase that buyers had to pay in 2012 and 2013. “Suddenly, despite the market being super weak and capacity being really high, this price increase actually stuck.”
National Gypsum, Eagle Materials Inc. and PABCO Building Products were the last of seven defendants in multidistrict litigation that began in 2013. Previous settlements with three other companies—Lafarge North America Inc., TIN Inc. (or Temple-Inland) and USG Corp.—bring the total amount of settlements for direct purchasers in the case to nearly $191 million. In 2016, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania granted summary judgment as to a seventh defendant, CertainTeed Corp.
National Gypsum attorney Steven Bizar of Dechert in Philadelphia and McDermott Will & Emery's David Hanselman, in Chicago, who represented Eagle Materials, the parent company of American Gypsum, did not respond to requests for comment, nor did a PABCO spokesman or attorney, Bradley Weber of Locke Lord in Dallas.
In August, Baylson granted certification of a class of 14,000 direct purchasers.
“We certainly viewed that as a positive development, and moving the case forward, it left not a lot between us and trial date,” Young said.
But the judge refused to certify a separate indirect class of purchasers, such as homeowners.
On Dec. 21, the judge ordered lawyers for the indirect purchasers to appear at a Jan. 8 status conference after notifying him that they “had reached a settlement with all defendants.” Indirect purchasers previously reached settlements with TIN, USG and Lafarge. Michael McLellan of Finkelstein Thompson in Washington, D.C., and Whitney Street of Block & Leviton in San Francisco, co-lead attorneys for the indirect purchaser class, did not respond to a request for comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPhila. Med Mal Lawyers In for Busy Year as Court Adjusts for Filing Boom
3 minute read'Recover, Reflect, Retool and Retry': Lessons From Women Atop Pa. Legal Community
3 minute readEDPA's New Chief Judge Plans to Advance Efforts to Combat Threats to Judiciary
3 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250