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April 12, 2019 Update
On April 5, 2019, the Court granted Plaintiffs’ Motion to Distribute Net Settlement Funds. In granting Plaintiffs’ motion, the Court overruled the eight objections that were filed with the Court. Objectors have until May 6 to appeal the Court’s order.
If there are no appeals to the Court’s order, Claimants will be paid according to the distribution amounts set forth in Revised Exhibit X; if there are appeals to the Court’s order, distribution amounts will be adjusted to create a reserve for the amounts contested on any such appeal.
The Claims Administrator will begin issuing awards checks two weeks following the expiration of the appeals period. The Claims Administrator will update the claims administration website when checks are issued.
March 18, 2019 Update
Class Counsel filed its response to objections on March 15, 2019. You may review that filing and supporting documentation here. In connection with that filing, the Claims Administrator provided an updated recommended determination of claims. You may view Revised Exhibit X and your recommended claim determination by searching for your Tracking Number here. When the Court sets a hearing date or otherwise rules on Class Counsel’s motion to disburse and response to objections, the Claims Administrator will post this information on the claims administration website.
The case was filed in the United States District Court for the Eastern District of New York. It is called Precision Associates, Inc. v. Panalpina World Transport, No. 08-cv-00042 (BMC)(PK). Freight forwarding companies (“Defendants”) around the world were sued by a group of businesses (“Plaintiffs”) who claim that the companies conspired, in violation of antitrust laws, to fix the prices for freight forwarding services during certain time periods. The Plaintiffs claim that the Defendants’ conspiracies were worldwide, including on shipping routes between the United States and China, Hong Kong, Japan, Taiwan, and the United Kingdom. Plaintiffs claim that Defendants agreed to fix various charges and surcharges associated with providing freight forwarding services.
All of the Defendants Plaintiffs sued have agreed to Settlements in the lawsuit. They are called Settling Defendants and are the following companies:
- ABX Logistics Worldwide NV/SA;
- EGL, Inc. and EGL Eagle Global Logistics, LP (“EGL”);
- Expeditors International of Washington, Inc. (“Expeditors”);
- Kuehne + Nagel International AG and Kuehne + Nagel, Inc. (“Kuehne + Nagel”);
- Nishi-Nippon Railroad Co., Ltd. (“Nishi-Nippon”);
- Schenker, Inc. and its parents, subsidiaries, and affiliates, including Deutsche Bahn AG, Schenker AG, and Bax Global, Inc. (“Schenker”);
- Morrison Express Logistics Pte. (Singapore) and Morrison Express Corporation (U.S.A.) (“Morrison Express”);
- United Aircargo Consolidators, Inc.;
- UTi Worldwide, Inc.;
- Vantec Corporation and Vantec World Transport (USA), Inc. (“Vantec”);
- Toll Global Forwarding (USA), Inc., Baltrans Logistics, Inc., and Toll Holdings Ltd. (“Toll”);
- Panalpina World Transport (Holding) LTD and Panalpina, Inc. (“Panalpina”);
- Geodis S.A. and Geodis Wilson USA, INC. (“Geodis”);
- DSV A/S, DSV Solutions Holdings A/S, and DSV Air & Sea Ltd. f/n/a DFDS Transport (HK) Ltd. (“DSV”);
- Jet-Speed Logistics, Ltd, Jet-Speed Air Cargo Forwarders (USA) Inc., and Jet-Speed Logistics (USA), LLC (“Jet-Speed”); and
- SDV Logistique Internationale.
- Agility Holdings, Inc.; Agility Logistics Corp.; Geologistics Corp.; and Geologistics International Management (Bermuda) Limited (together, “Agility”);
- Dachser GmbH & Co., KG, doing business as Dachser Intelligent Logistics; and Dachser Transport of America, Inc. (together, “Dachser”);
- Deutsche Post AG; Danzas Corporation (doing business as DHL Global Forwarding); DHL Express (USA) Inc.; DHL Global Forwarding Japan K.K.; DHL Japan Inc.; Exel Global Logistics, Inc.; and Air Express International USA, Inc. (together, “DHL”) for the severed Japanese claims only;1
- DSV A/S; DSV Solutions Holding A/S; and DSV Air & Sea Ltd. formerly known as DFDS Transport (HK) Ltd. (together, “DSV”);
The “Japanese Defendants” included in one Settlement:
- Hankyu Hanshin Express Holding Corporation formerly known as Hankyu Express International Co., Ltd. and its subsidiary, Hankyu Hanshin Express Co., Ltd., and its U.S. subsidiary, Hanshin Air Cargo USA, Inc. (together, “Hankyu Hanshin”);
- Japan Aircargo Forwarders Association (“JAFA”);
- Kintetsu World Express, Inc. and its U.S. subsidiary, Kintetsu World Express (U.S.A.), Inc. (together, “Kintetsu”);
- “K” Line Logistics, Ltd., and its U.S. subsidiary “K” Line Logistics (U.S.A.), Inc. (together, ““K” Line”);
- MOL Logistics (Japan) Co., Ltd., and its U.S. subsidiary, MOL Logistics (USA) Inc. (together, “MOL Logistics”);
- Nippon Express Co., Ltd. and its U.S. subsidiary, Nippon Express USA, Inc. (together, “Nippon Express”);
- Nissin Corporation and its U.S. subsidiary, Nissin International Transport U.S.A., Inc. (together, “Nissin”);
- Yamato Global Logistics Japan Co., Ltd., and its U.S. affiliate, Yamato Transport U.S.A. Inc. (together, “Yamato”);
- Yusen Air & Sea Service Co., Ltd. and its U.S. subsidiary, Yusen Air & Sea Service (U.S.A.), Inc. (together, “Yusen”);
- Jet Speed Logistics, Ltd., also known as Jet Speed Air Cargo Forwarders (HK), Ltd.; Jet Speed Logistics (USA), LLC; and Jet-Speed Air Cargo Forwarders, Inc. (USA) (together, “Jet Speed”);
- United Parcel Service, Inc. and UPS Supply Chain Solutions, Inc. (together, “UPS”).
- Deutsche Post AG; Danzas Corporation (doing business as DHL Global Forwarding); DHL Express (USA) Inc.; DHL Global Forwarding Japan K.K.; DHL Japan Inc.; Exel Global Logistics, Inc.; and Air Express International USA, Inc. (together, “DHL”) for the non-Japanese claims;
- Hellmann Worldwide Logistics GmbH & Co. KG, Hellmann Worldwide Logistics Ltd. Hong Kong, and Hellmann Worldwide Logistics, Inc. (together, “Hellmann”).
1 The severed Japanese claims are: Fuel Surcharge, Security & Explosives Examination Fee, Air AMS on routes from Japan to the United States, and the Regional Japanese Conspiracy.