HPL Class Action Settlement Website
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Welcome to the HPL Class Action Settlement Website

This website will be updated with additional information as it becomes available. 

(Last updated on July 21, 2005)

This class action affects all persons or entities who indirectly purchased High Pressure Laminates (HPL) manufactured or sold by Defendants International Paper Company (“IP”), Panolam Industries International and Pioneer Plastics Corporation (collectively “Panolam”), Formica Corporation, Premark International, Inc. and Wilsonart International, Inc. (collectively, the “Defendants”), or “HPL Containing Products,” between January 1, 1994 and June 30, 2000 in Arizona, the District of Columbia, Florida, Maine, Michigan, Minnesota, New Mexico, North Carolina, North Dakota, South Dakota, Tennessee, West Virginia, and Wisconsin (the “Settling States”).

The Plaintiffs allege the Defendants unlawfully conspired to fix, raise, maintain or stabilize the price of HPL, and that such conduct violated the antitrust and/or consumer protection laws of the Settling States. The Defendants deny these allegations.

Two of the Defendants have entered into settlement agreements in order to resolve all claims brought against them in this class action. IP has agreed to pay a total of $4,000,000 for a release of all claims brought against it. Panolam has agreed to pay a total of $1,225,785 for a release of all claims against it. The class action will continue against the remaining Defendants.

You are a member of the Settlement Classes in connection with the settlements with IP and Panolam if you indirectly purchased HPL manufactured or sold by the Defendants from entities other than the Defendants, or purchased HPL Containing Products, and did so within one or more of the Settling States at any time during the period January 1, 1994 through June 30, 2000.

If you are a member of the Settlement Classes and wish to remain so, you need not take any action at this time.

If, however, you do not wish to remain a member of the Settlement Classes, you must take action to exclude yourself by submitting your request postmarked on or before May 21, 2005. For full details, please read the Notice available at the link above.

If you have questions that are not answered in the Frequently Asked Questions listed below or in the documents above, please call toll free 888-299-7495 during the hours of 9 a.m. to 5:30 p.m. EST/EDT.

Please call 888-299-7495, then press 2 during the message, if you would like to receive future Notices in the mail.

Important Dates and Deadlines:

  • Request Exclusion

Must be received by Settlement Administrator on or before May 21 , 2005

  • File an Objection

Must be received by Settlement Administrator on or before May 13, 2005

  • Hearing Date in Tennessee

June 13, 2005

  • Class Period

January 1, 1994 to June 30, 2000

Please note that the hearing date has been changed from June 14, 2005 to June 13, 2005.



Frequently Asked Questions
:

Question:

What are the lawsuits about?

Answer:

The Plaintiffs allege that Defendants unlawfully conspired to fix, raise, maintain or stabilize the price of HPL, and that such conduct violated the antitrust and/or consumer protection laws of the Settling States. The Defendants deny these allegations. Settlements have been reached with two of the Defendants, IP and Panolam, in the states of Arizona, the District of Columbia, Florida, Maine, Michigan, Minnesota, New Mexico, North Carolina, North Dakota, South Dakota, Tennessee, West Virginia, and Wisconsin (“the Settling States”). The other Defendants have not settled.

Question:

Where can I get additional information?

Answer:

You may call the information line toll free at 888-299-7495. They are available to answer questions and will send you a Notice. If you would like to receive future Notices by mail, please press 2 during the recording.

Question:

How do I know if I am a member of the Settlement Classes?

Answer:

You could be a member of the Settlement Classes covered by these settlements if you indirectly purchased certain HPL sold or manufactured by Defendants, or if you purchased products containing or made from HPL in whole or in part (HPL Containing Products) in any of the Settling States at any time from January 1, 1994 to June 30, 2000. Purchases of HPL directly from the Defendants or their affiliates are NOT covered by the settlements.

Question:

What are HPL and HPL-Containing Products?

Answer:

HPL, high pressure laminates, are formed of multiple layers of paper, foil or plastic and bonded together under pressure. HPL-Containing Products are products containing or made from HPL in whole or in part (for example, HPL kitchen cabinets).

Question:

What do I need to do?

Answer:

You need not take any action if you wish to remain a member of the Settlement Classes. If you wish to exclude yourself, please see “Why and How do I exclude myself?” below.

Question:

What can I get from this Settlement?

Answer:

IP has agreed to pay $4 million and Panolam has agreed to pay $1.2 million for the benefit of the Settlement Class members. It is not yet known, however, whether Settlement Class members will receive any money from the Settlements. Please carefully read the Notice and the following question/answer.

Question:

How will the money be distributed?

Answer:

At this time, Plaintiffs plan to defer any request for Court approval of a plan of distribution of monies recovered for the benefit of Settlement Class members until the litigation with the remaining Defendants has been resolved. Depending on the amounts available at that point, the Court will be presented with a plan of distribution of all amounts to the Settlement Class members or, if the total amount of the Settlements is too low to make direct distribution feasible, the Court may be asked to approve a plan which distributes the funds to non-profit organizations which use HPL.

If the funds are to be distributed to Settlement Class members, all persons who have requested a Notice by mail will receive a copy of any future Notices and/or Claim Forms.

Question:

What if I do not like the Settlement?

Answer:

Eligible Settlement Class members have the right to file an objection with the Court stating their views. They also have the right to intervene and even attend the fairness hearing in person or through their own attorney. Your objections or Notice of Appearance must be mailed to the Court and the attorneys listed in the Notice, postmarked on or before May 13, 2005. You are not required to object, intervene, or appear in Court. (Please see the Notice for full details and the addresses of the Court and attorneys.)

Question:

Is there a hearing that I can attend?

Answer:

Yes. If you so choose, you or your personally retained counsel, can attend the fairness hearing scheduled for June 13, 2005, in the Supervisory Court in Tennessee. Please see the Notice on the link to the left for detailed information. You are not required to attend the hearing. Please note that if you want to be heard at the hearing, you will also need to file a notice of intention to appear, postmarked on or before May 13, 2005. (Please see the Notice for full details and the addresses of the Court and attorneys.)  Please note that the date has been changed from June 14, 2005 to June 13, 2005.

Question:

What am I giving up to stay in the Settlement Classes?

Answer:

If you qualify as a member of the Settlement Classes and do not exclude yourself, and if the Settlements are approved, you will release and dismiss IP and Panolam from all claims, whether known or unknown, that you have or will have, based on indirect purchases of HPL or HPL-Containing Products regarding any alleged conduct in these class actions. This means you will be bound by all of the Court’s orders and judgments and will not be able to sue IP and Panolam for these same allegations.

Question:

Why and How do I exclude myself?

Answer:

Any person electing to opt out of the Settlement Classes must submit a written request for exclusion and mail it postmarked on or before May 21, 2005. A properly filed request for exclusion retains your rights, if any, to pursue available remedies against IP and/or Panolam at your own cost and expense. You must submit a request for exclusion even if you have already filed or you intend to file a lawsuit against IP or Panolam concerning the alleged conduct.

Persons that exclude themselves from the Settlement Classes will not receive any money that may later be available and will not be bound by the Settlements.

Question:

Will I have to pay any attorney fees or costs if I participate?

Answer:

No. Plaintiffs’ attorneys (“Class Counsel”) will petition the Court for their fees and reimbursement of their expenses. The Court will approve the attorney fees and costs from the Settlements.