Lawsuits involving the prices of certain vehicle component parts have been settled with a Defendant in various class actions in this litigation (“Settling Defendant”). The Settling Defendant is identified below. The cases are separate class actions within the lead case known as In re Automotive Parts Antitrust Litigation, 12-md-02311 (E.D. Mich.), which is currently before United States District Judge Marianne O. Battani.
You may be part of a class action settlement if you are a Truck and/or Equipment dealership that indirectly purchased certain component parts and/or vehicles for resale or lease containing these parts (“Dealer”) in the District of Columbia or one or more of the following states: Arizona, Arkansas, California, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin.
What Are The Lawsuits About?
The lawsuits claim that the Defendants in each lawsuit agreed to unlawfully raise the price of certain motor vehicle component parts. As a result, dealers of Trucks and/or Equipment who purchased for resale or lease Trucks and/or Equipment containing those parts or who indirectly purchased those parts as replacement parts, which were manufactured or sold by a Defendant or any subsidiary, affiliate, or alleged co-conspirator of a Defendant may have paid more than they should have. Although the Settling Defendant has agreed to settle, the Settling Defendant does not agree that it engaged in any wrongdoing or is liable or owes any money or benefits to Plaintiffs. The Court has not yet decided who is right.
The Court has appointed Duane Morris LLP as interim class counsel (“Class Counsel”) in these lawsuits to represent your dealership and all other members of the class actions. Your dealership will not be charged directly by these lawyers, and any fees that they are paid will come from any settlements or recovery in these lawsuits. If your dealership wants to be represented by its own lawyer, it may hire one at its own expense.
Who’s Included In The Settlements?
Your dealership is part of the Settlements if it is a Truck and/or Equipment Dealer and falls within the definition of the settlement classes (“Settlement Classes”) approved by Judge Battani. The class definitions are set forth in the full length Notice. The term “Truck and Equipment Dealer” or “Truck and Equipment Dealership” means an entity or person authorized to engage in the business of selling or dealing in Trucks and/or Equipment at retail in the United States. A list of the part included in this Settlement and its manufacturer can be found in the full length Notice. If approved by the Court, the Settlement would release claims any class members may have as to all Vehicle Parts, including Starters and Alternators, as defined in the Settlement Agreement.
Who Are The Settling Defendants
The Settling Defendant is Mitsubishi Electric Corporation, Mitsubishi Electric US Holdings, Inc., and Mitsubishi Electric Automotive America, Inc. (collectively, “Settling Defendant” or “Mitsubishi Electric”). A list of the Defendants, their affiliates, and the alleged co-conspirators for each case involving the parts described in the Settlement Class definitions and settlement agreements is available under the Court Documents section of this website.
What Do The Settlements Provide
Generally, you are included if, at any time between January 1, 2000 and September 12, 2017, you were a dealer of heavy-duty (Class 8) trucks, medium-duty (Class 3, 4, 5, 6 & 7) trucks, buses, commercial vehicles, construction equipment, mining equipment, agricultural equipment (including ATVs designed and/or marketed for agricultural use), railway vehicles, materials handling vehicles, and other similar vehicles (“Trucks and/or Equipment”) that: (a) purchased Trucks and/or Equipment containing a Starter or Alternator which was manufactured or sold by a Defendant or any subsidiary, affiliate, or alleged co-conspirator of a Defendant;; and/or (b) indirectly purchased a Starter or Alternator which was manufactured or sold by a Defendant or any subsidiary, affiliate, or alleged co-conspirator of a Defendant as a replacement part. Indirectly means you bought the vehicle replacement part from someone other than the manufacturer of the part.
The specific definition of who is included in the Settlement Class is set forth in the Settlement Agreement between the Settlement Class and the Settling Defendant. That Settlement Agreement is accessible under the Court Documents section of this website.
The Settlement Funds amount to $1.3 million. Detailed information about the Settlement and the parts involved can be found in the full-length Notice. The amount of money your dealership may receive, if any, will depend upon where the dealership purchased the affected vehicles or component parts, the type and quantity of vehicles and parts your dealership purchased in the states listed above and the District of Colombia, and the total number of claims made by eligible Truck and Equipment Dealers.
What Are My Rights And Options?
If your dealership purchased any of the parts, or vehicles containing those parts, discussed above and listed in the Settlement Class definitions in the states listed in this Notice or the District of Columbia and does not want to be legally bound by the Settlement, your dealership must exclude itself (“opt out”) in a writing postmarked by February 14, 2018, or it will not be able to sue, or continue to sue, the Settling Defendant (including all related entities covered by the release in the Settlement Agreement) about the legal claims settled in the Settlement Agreement.If your dealership submits a valid and timely request for exclusion / opt out, it will not share in the proceeds of that Settlement, and it will not be bound by the judgment. To be valid, the request for exclusion / opt out must follow the instructions set forth in the full-length Notice and be postmarked by February 14, 2018. The full instructions and requirements for opting out may be viewed on page 7 of the Notice.
The complete terms, including the definitions of what parties and claims are being released are set forth in the full-length Notice, settlement agreements, and the Court filings which may be obtained under the Court Documents section of this website.