Frequently Asked Questions
- What is this lawsuit about?
- Why is this a class action lawsuit?
- How much is the Joint Settlement?
- How do I know if I am part of the Joint Settlement?
- Do I have a lawyer in this case?
- Has the Court approved the Joint Settlement?
- What are my options?
- What happens if I did nothing?
- What do I have to do to submit a claim?
- What should I do if you received more than one check?
- The payee on the check is deceased, will you reissue the payment to the beneficiaries?
- What did I give up to stay in the Joint Settlement Class?
- I excluded myself from some but not all of the Settlements, can I still file a claim?
- How will the settlement funds be distributed?
- When will I receive money from the settlements?
- I did not receive my payment, how do I request a reissue?
- The check was issued to the wrong payee, can you please reissue the check to the proper company?
- How do I get more information?
- What is this lawsuit about?
This lawsuit was filed by Sierra Drywall Systems, Inc., Janicki Drywall, Inc., New Deal Lumber & Millwork Co., and Grubb Lumber Co., Inc. (collectively, “Plaintiffs” or “Class Representatives”) individually and as representatives of all persons in the United States who purchased Wallboard directly 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, Georgia-Pacific LLC, and TIN, Inc. (collectively, “Manufacturers”) or L&W. “Wallboard” refers to paper-backed gypsum wallboard, also known as drywall or plasterboard. 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.
Top - Why is this a class action lawsuit?
In a class action, the plaintiff (or the class representative) sues on behalf of others who have similar claims. All the people who have similar claims are the “class” or “class members.” In a class action, one court resolves the issues in the lawsuit for all class members, except for those who choose to be excluded from (or “opt out” of) the class. In this case, Sierra Drywall Systems, Inc., Janicki Drywall, Inc., New Deal Lumber & Millwork Co., and Grubb Lumber Co., Inc. are the plaintiffs that brought the case, and are also the Joint Settlement Class Representatives (they are also the Settlement Class Representatives for the Lafarge, TIN and USG Settlements).
Top - How much is the Joint Settlement?
The settlement provides that American Gypsum, Eagle Materials, NGC and PABCO will pay $125 million. There were previous settlements with Lafarge North America, Inc., TIN, Inc., USG Corporation, United States Gypsum ComThe settlement provides that American Gypsum, Eagle Materials, NGC and PABCO will pay $125 million. There were previous settlements with Lafarge North America, Inc., TIN, Inc., USG Corporation, United States Gypsum Company and USG Corporation’s Subsidiary L&W Supply Corporation $65,669,292.00 combined. Co-Lead Counsel believes that the Joint Settlement is fair and in the best interests of the Joint Settlement Class Members.
Top - How do I know if I am part of the Joint Settlement?
The Joint Settlement Class 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 and/or (b) L&W Supply Corporation or any of its subsidiaries or affiliates (collectively, “L&W”).
Even if you meet these requirements, you are not a member of the Joint Settlement Class if you are (a) a federal governmental entity or an instrumentality of the federal government, any judicial officer presiding over the Action, or any member of his or her immediate family and judicial staff; (b) a Manufacturer, or a Manufacturer’s parent, subsidiary, or affiliate (e.g., Pacific Coast Supply, LLC and L&W), or (c) you choose to exclude yourself.
The matter on this website concerns only the Direct Purchaser Settlement Classes – that is, settlements for those who purchased Wallboard directly from any of the Manufacturers or L&W. There is a separate settlement for those who indirectly purchased Wallboard manufactured by a Defendant for end use and not for resale from a reseller (that is, not directly from a Manufacturer or L&W).
Top - Do I have a lawyer in this case?
Joint Settlement Class Counsel
H. Laddie Montague, Jr.
Eric L. Cramer
Ruthanne Gordon
Michael C. Dell’Angelo
Candice J. Enders
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Tel: (215) 875-3000
Email: hlmontague@bm.net
ecramer@bm.net rgordon@bm.net
mdellangelo@bm.net
cenders@bm.net
Kit A. Pierson
Brent W. Johnson
David A. Young
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave., N.W.
Ste. 500
Washington, D.C. 20005
Tel: (202) 408-4600
Email: kpierson@cohenmilstein.com
bjohnson@cohenmilstein.com
dyoung@cohenmilstein.com
Eugene A. Spector
Jeffrey J. Corrigan
Rachel E. Kopp
Jeffrey L. Spector
SPECTOR ROSEMAN & KODROFF, P.C.
1818 Market Street
Ste. 2500
Philadelphia, PA 19103
Tel: (215) 496-0300
Email: espector@srkattorneys.com
jcorrigan@srkattorneys.com
rkopp@srkattorneys.com
jspector@srkattorneys.com
You will not be personally charged for the services of these attorneys in litigating this case. If you want to be represented by your own lawyer, you may hire one at your own expense. You have the right to enter an appearance in the case through your lawyer if you wish.
Top - Has the Court approved the Joint Settlement?
Yes, the Court has approved all of the Settlements. The payments to all eligible class members will be mailed on February 7, 2020. Please allow at least 10-business days for the check to arrive at your address of record.
Top - What are my options?
If you did not file a claim form on or before the November 15, 2018 claim filing deadline, you will 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 are 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 them regarding the subject of this lawsuit. However, you would have had to file a valid claim form on or before November 15, 2018 to be eligible to receive a payment in the initial distribution mailed on February 7, 2020.
Top - What happens if I did nothing?
If you did nothing, you will remain a member of the Joint Settlement Class. Your interest are represented by Plaintiffs and Co-Lead Counsel and you will be bound by any decision or judgment entered by the Court with regard to the Joint Settlement. You will not be able to file or maintain your own lawsuit against American Gypsum, Eagle Materials, NGC and PABCO regarding the claims described herein.
Top - What do I have to do to submit a claim?
The claim filing deadline was November 15, 2018 we are unable to accept any more claims in this matter.
Top - What should I do if you received more than one check?
If you/your firm submitted more than one claim form but did not request that we consolidate your payments your company was issued a payment for each form you filed.
Top - The payee on the check is deceased, will you reissue the payment to the beneficiaries?
All payments to deceased claimants will be reissued to the class members estate and not to individual beneficiaries. In order to update the payee on this check to this class member’s estate, we will need you to provide our office with the death certificate, testamentary documents and the state issued ID or Drivers License of the estate representative or administrator. Please mail these documents to our office at:
Domestic Drywall Claims Administrator
c/o KCC Class Action Services
P.O. Box 404000
Louisville, KY 40233-4000
Or email our office at info@drywalldirectpurchaserlitigation.com.
Top - What did I give up to stay in the Joint Settlement Class?
By staying in the Joint Settlement Class you give up your rights to individually sue American Gypsum, Eagle Materials, NGC and PABCO for claims related to their alleged violations of the federal antitrust laws, as set forth in the Complaint. That means you cannot sue, continue to sue, or be part of any other lawsuit against American Gypsum, Eagle Materials, NGC and PABCO for the claims asserted in this lawsuit. It also means that all of the Court’s rulings will apply to you with respect to these Defendants and legally bind you, whether favorable or unfavorable to the Joint Settlement Class.
Top - I excluded myself from some but not all of the Settlements, can I still file a claim?
Yes, your exclusion from any other Settlement Class did not affect your ability to participate in and collect from any other Settlements. Your Wallboard purchases have been calculated based on transactional data produced in the litigation and took into account any exclusion you filed.
Top - How will the settlement funds be distributed?
If you completed a valid claim form, your distribution amount is a percentage of the Net Settlement Fund based on your total your adjusted purchase amount for purchases made during the Damages Period. If your percentage of the Net Settlement Fund calculated at $250.00 or less, your distribution payment would be increased to $250.00.
If your approved claim falls within the Post-Damages Period, you will receive a payment of $250.00.
If you completed a valid claim form, your distribution amount is a percentage of the Net Settlement Fund based on your total your adjusted purchase amount for purchases made during the Damages Period. If your percentage of the Net Settlement Fund calculated at $250.00 or less, your distribution payment would be increased to $250.00.
If your approved claim falls within the Post-Damages Period, you will receive a payment of $250.00.
Top - When will I receive money from the settlements?
If you submitted an eligible claim form on or before the November 15, 2018 your payment was mailed on Friday, February 7, 2020 to your address on record. If you do not receive your payment before February 29, 2020, Please email the claims administrator at info@drywalldirectpurchaserlitigation.com or call (888) 706-3401.
Top - I did not receive my payment, how do I request a reissue?
To request a reissue you should email the Claims Administrator at info@drywalldirectpurchaserlitigation.com or call (888) 706-3401.
Top - The check was issued to the wrong payee, can you please reissue the check to the proper company?
Please provide a copy of documents that establish the legal name of the company that we need to update as the payee. These documents can include, but is not limited to, articles of incorportation, request in writing on company letterhead, etc. Please email these documents to the claims administrator at info@drywalldirectpurchaserlitigation.com.
Top - How do I get more information?
You may contact the Claims Administrator with any questions about the Claim Form or distribution process by mailing correspondence to:
Domestic Drywall Claims Administrator
P.O. Box 404000
Louisville, KY 40233-4000
Otherwise, you can email the claims administrator at info@drywalldirectpurchaserlitigation.com or call for additional information at (888) 706-3401.
The Final Approval Order, the Complaint, the Joint Settlement Agreement, the Lafarge Settlement Agreement, the TIN Settlement Agreement, the USG Settlement Agreement and other documents relating to the settlements are posted on this website on the Court Documents tab.
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