Freight Forward Class Action Settlement
By Mike Holter
A New York federal court has preliminarily approved 11 settlements reached in a consolidated class action lawsuit against dozens of freight shipping companies. If you purchased freight forwarding services between 2001 and 2012, you may be eligible to claim a cash award from the combined $105.6 million class action settlement.
The freight forwarding settlements will resolve allegations raised in a class action lawsuit called Precision Associates Inc., et al. v. Panalpina World Transport that accuses dozens of freight forwarding companies around the world of conspiring to fix the prices for freight forwarding services during specific time periods. These alleged conspiracies were carried out worldwide, including on shipping routes between the United States and China, Hong Kong, Japan, Taiwan and the United Kingdom.
“Freight forwarding services” is defined as freight forwarding, transportation, or logistics services for shipments, and includes services relating to the organization or transportation of items via air, ocean, rail, and road, both nationally and internationally, and related activities such as customs clearance, warehousing, and ground services.
Eleven of the defendants have decided to settle their portion of the case without admitting wrongdoing. The settling defendants include:
- 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.
- 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.)
- United Aircargo Consolidators, Inc.
- UTi Worldwide, Inc.
- Vantec Corporation and Vantec World Transport (USA), Inc. (“Vantec”)
Under the class action settlement agreement, the Settling Defendants will pay a minimum $105,611,864.54 into a settlement fund that will be distributed to Class Members.
Class Members of the freight forwarding class action settlement include any business or individual who directly purchased freight forwarding services from any of the defendants, their subsidiaries or affiliates in the United States OR outside the U.S. — but for shipments within, to, or from the U.S. — from January 1, 2001 through September 14, 2012.
The amount of money you can receive from the class action lawsuit settlement will be based on the following Plan of Allocation:
- Ten percent (10%) of the net settlement proceeds from all Settling Defendants will be paid to Class Members with valid claims based on the total dollar volume of Worldwide Freight Forwarding Services purchased during the Class Period.
- Ninety percent (90%) of the net settlement proceeds from all Settling Defendants will be paid to Class Members based on the surcharges paid on the shipping routes of the Settling Defendants for which a particular Class Member paid surcharges on freight forwarding services.
The only way to receive a cash award from the freight forward settlement is to submit a valid Claim Form by November 22, 2013.
A Final Approval Hearing is set for August 9, 2013.
Claim Forms and more information on your rights in the Freight Forward Class Action Lawsuit Settlement can be found at www.FreightForwardCase.com. Detailed instructions on how to file a claim for the class action settlement can be found in our Open Class Action Lawsuits section.
Updated April 30th, 2013
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