FAQ

  1. Why is this a class action?
  2. Why are there Settlements?
  3. How do I know if I am part of the Settlements?
  4. What are Freight Forwarding Services?
  5. What do the Settlements provide?
  6. How do I submit a claim for benefits from the Settlements?
  7. What am I giving up to remain in the Class?
  8. How do I exclude myself from a Class?
  9. If I don’t exclude myself, can I sue the Defendants for the same thing later?
  10. If I exclude myself from a Settlement, can I still get benefits from that Settlement?
  11. If I exclude myself from a Settlement, can I change my mind later?
  12. Do I have a lawyer in this case?
  13. How will the lawyers be paid?
  14. How do I tell the Court that I don’t like the Settlement(s)?
  15. What is the difference between objecting and excluding?
  16. When and where will the Court decide whether to approve the Settlements?
  17. Do I have to come to the hearing?
  18. What happens if I do nothing at all?
  19. How do I get more information?
  20. Are U.S. government entities part of the class and should they submit claim forms?
  21. What is a government entity?
  22. Are rail and/or truck services included in claims process?
  23. Are "import duties" considered taxes and if so, should the claimant exclude these duties from the amounts in Section B on the claim form?
  24. Can you tell me what defendant I purchased freight forwarding services from?
  25. Who should fill out proof of claim? A small forwarder or his clients?
  1. Are purchases of express shipments part of the class?
  2. What documentation is necessary to assign a claim from a direct to indirect purchaser?
  3. What supporting documentation should a class member maintain?
  4. Can class members include shipments on the claim form made through a subsidiary of a defendant?
  5. What should a class member do if they are unsure how much to claim?
  6. Since class members were on a client list from Defendants, can't the claims administrator use the transactional data (once produced) to determine how much their claim should specifically be?
  7. Can class members submit an estimated claim form? What is the procedure?
  8. If the same company received multiple letters at different office locations, do they need to submit a claim for each letter received or just one?
  9. Can a parent company file on behalf of its subsidiaries, or does each entity have to do separate claims?
  10. Are Defendants responsible for providing Class members with claims information?
  11. Are shipments made exclusively within the United States included?
  12. What is the total value of the shipments in this case (or if there is some such information)?
  13. Should I still fill out the form even if I didn't purchase from a Settling Defendant?
  14. Do I need to use a Third Party service to file my claim?
  15. Does the Peak Season Surcharge (“PSS”) include shipments made from South China?
  16. How is “pro rata” determined under the Plan of Allocation?
  17. Have the settlements been finally approved?
  18. What are the names of the Defendants’ subsidiaries and affiliates that provided freight forwarding services?

Basic Information

  1. Why is this a class action?

    In a class action, one or more people or businesses, called class representatives, (in this case, Precision Associates, Inc., Anything Goes LLC, d/b/a Mail Boxes Etc., JCK Industries, Inc., RBX Industries, Inc., Mary Elle Fashions, Inc., d/b/a Meridian Electric, Printing Technology, Inc., Inter-Global, Inc., Zeta Pharmaceuticals LLC, Kraft Chemical Company, David Howell Product Design Inc. d/b/a David Howell & Company, Innovation 714, Inc., Mika Overseas Corporation, and NORMA Pennsylvania, Inc.) sue on behalf of others who have similar claims. All of those who have claims similar to the class representatives are a class or class members, except for those who exclude themselves.

  2. Why are there Settlements?

    The Court has not decided in favor of either side. The attorneys for the Class Representatives have investigated the facts and applicable law regarding the Class Representatives’ claims and the Settling Defendants’ defenses. The parties have engaged in lengthy negotiations in reaching these Settlements. The Class Representatives and their attorneys think the Settlements are best for everyone who is affected. The parties have agreed to resolve this case by Settlements to avoid the time, expense, and uncertainty associated with resolving this case by a jury trial.

  3. How do I know if I am part of the Settlements?

    You are included in the one or more of the Settlements as a Class Member if you directly purchased Freight Forwarding Services from any of the Defendants, their subsidiaries, or affiliates in the United States OR outside the United States but for shipments within, to, or from the United States from January 1, 2001 through September 14, 2012. Businesses or individuals may be Class Members. Even if you meet the above criteria, you are not a member of the Class if you are a government entity, Defendant, or one of the Defendants’ parent companies, subsidiaries, and affiliates.

  4. What are Freight Forwarding Services?

    "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.

  5. What do the Settlements provide?

    The Settling Defendants have agreed to pay a minimum of $105,611,864.54 for the benefit of the Class. This money will be put into a Settlement Fund that will be distributed to Class Members. The Settling Defendants’ specific contributions to the Settlement Fund are as follows:

    Settling Defendant(s)

    Amount Contributing

    Schenker

    $8,750,000

    EGL

    $10,000,000 plus up to $10,000,000 in proceeds from its cash benefits from the Air Cargo case

    Expeditors

    70% of all its cash benefits from the Air Cargo case

    Nishi-Nippon

    $20,082,896 plus up to $500,000 from the Air Cargo case

    Vantec

    $9,900,000 plus all its cash benefits from the Air Cargo case with a guaranteed minimum of $300,000

    United Aircargo Consolidators, Inc.

    $295,275 and 75% (subject to adjustment as specified in the Settlement Agreement) of all cash benefits from the Air Cargo case

    Kuehne & Nagel

    $28,000,000 plus 99.7% of all cash benefits from the Air Cargo case

    Morrison Express

    $1,678,700 and 72.5% of all cash benefits received from the Air Cargo case after October 5, 2012

    UTi Worldwide, Inc.

    $3,243,658 and 80.5% of all cash benefits received from the Air Cargo case after December 5, 2012

    ABX Logistics Worldwide NV/SA

    $3,500,000

    The Air Cargo case is a separate class action in which many of the Defendants in this lawsuit sued airlines and other air cargo service providers, making price-fixing claims. A number of the defendants in the Air Cargo case have agreed to settlements with Defendants in this lawsuit.

    As part of each of the Settlements, some of the Settling Defendants will also provide Class Counsel with cooperation in the continuing lawsuit against the Non-Settling Defendants. Expeditors and UTi Worldwide, Inc. have not agreed to provide Class Counsel with cooperation in the continuing lawsuit against the Non-Settling Defendants.

    Plaintiffs will post on or before March 4, 2013 on this Settlement website (www.FreightForwardCase.com) the proposed plan of allocation of the proceeds of the Settlements. Please refer back to this site for the contents of the plan. As with all other aspects of notice, you may object to any aspect of the plan on or before June 25, 2013 by following the procedures described in the Notice.

  6. How do I submit a claim for benefits from the Settlements?

    If you did not receive a Summary Notice from the Claims Administrator, to register, you may call the Claims Administrator at 1-877-276-7340 (in the U.S. or Canada), write the Claims Administrator at the address above, or click on the Online Registration Form on the Important Documents page. If you file a claim, there is no need to also register. Class Members outside of the U.S. or Canada may reach the Claims Administrator at (503) 520-4400.

  7. What am I giving up to remain in the Class?

    If the Settlements become final, you will give up your right to sue the Settling Defendants about the claims resolved by the Settlements. The specific claims you are giving up against the Settling Defendants are described in the Settlement Agreements (see chart below). Unless you exclude yourself, you are “releasing” the claims (i.e., giving up your right to sue), whether you submit a claim or not.

    The Settlement Agreements are available on the Important Documents page. The specific claims you are releasing are described in the Settlement Agreement with each Settling Defendant, as follows:

    Settling Defendant(s)

    Settlement Agreement Section

    Schenker

    Section II (A)

    EGL

    Section II (B)

    Expeditors

    Section II (A)

    Nishi-Nippon

    Section II (B)

    Vantec

    Section II (B)

    United Aircargo Consolidators, Inc.

    Section II (C)

    Kuehne & Nagel

    Section II (B)

    Morrison Express

    Section II (B)

    UTi Worldwide

    Section II (B)

    ABX Logistics Worldwide NV/SA

    Section II (B)

  8. How do I exclude myself from a Class?

    To exclude yourself from a Settlement, you must send a letter to the Class Counsel that includes the following:

    • Your name, address, and telephone number;
    • All trade names or business names and addresses you or your business have used, as well as any parents, subsidiaries or affiliates who are also requesting to be excluded from the Class that purchased Freight Forwarding Services at any time from January 1, 2001 through September 14, 2012;
    • The case name (Precision Associates, Inc. v. Panalpina World Transport, No. 08-cv-00042 (E.D.N.Y.) (JG) (VVP));
    • The Settling Defendant’s name in the Settlement for each of the Settlements you are requesting to be excluded from. You must separately identify each Settlement for which exclusion is sought.
      • Note: If you request exclusion from the Schenker Settlement, you automatically are requesting exclusion from all of the Settlements and from any further settlements or recoveries in this action.
    • A signed statement that "I/we hereby request that I/we be excluded from the Class(s) listed in this letter in Precision Associates, Inc. v. Panalpina World Transport, No. 08-cv-00042 (E.D.N.Y.) (JG) (VVP)";
    • A list of all Defendants from whom you purchased Freight Forwarding Services and an estimated total amount you paid for Freight Forwarding Services during the Class Period for each Settlement you are requesting to be excluded from.

    You must mail your exclusion request, postmarked no later than June 25, 2013, to one of the following attorneys:

    Christopher Lovell
    Lovell Stewart Halebian Jacobson LLP
    61 Broadway, Suite 501
    New York, NY 10006
    Telephone: (212) 608-1900
    Fax: (212) 719-4677
    W. Joseph Bruckner
    Lockridge Grindal Nauen P.L.L.P.
    100 Washington Avenue South, Suite 2200
    Minneapolis, MN 55401
    Telephone: (612) 339-6900
    Fax: (612) 339-0981

    Steven N. Williams
    Cotchett, Pitre & McCarthy, LLP
    San Francisco Airport Office Center
    840 Malcolm Road, Suite 200
    Burlingame, CA 94010
    Telephone: (650) 697-6000
    Fax: (650) 697-0577
    Daniel E. Gustafson
    Gustafson Gluek PLLC
    Canadian Pacific Plaza
    120 South 6th Street, Suite 2600
    Minneapolis, MN 55402
    Telephone: (612) 333-8844
    Fax: (612) 339-6622

  9. If I don’t exclude myself, can I sue the Defendants for the same thing later?

    For each Settlement, unless you exclude yourself, you give up the right to sue that Settling Defendant about the issues in this lawsuit. You give up these rights even if you don’t submit a Claim Form and receive the benefits of the Settlement. You must exclude yourself from the Class in order to sue a Settling Defendant separately. These Settlements have no effect on your ability to sue the Non-Settling Defendants separately.

  10. If I exclude myself from a Settlement, can I still get benefits from that Settlement?

    No. You will not get any benefits from a Settlement if you exclude yourself from that Settlement. However, you can exclude yourself from a Settlement with one Settling Defendant but remain in others and file Claim Forms for benefits in those Settlements.

    The only exception is the Schenker Settlement. If you exclude yourself from that Settlement, you automatically exclude yourself from this lawsuit for all purposes, including from all of the Settlements with the Settling Defendants and any future settlements with Non-Settling Defendants.

  1. If I exclude myself from a Settlement, can I change my mind later?

    Yes. If you have properly submitted an exclusion request, you have the right to apply to the Court to re-enter a Settlement Class. However, if you apply to re-enter a Settlement Class after an interim distribution of settlement proceeds has been made to Class Members, you will receive less than if you remain in the Settlement Class. Please continue to visit this website for details about how to apply to the Court to re-enter the Settlement Class.

  2. Do I have a lawyer in this case?

    The Court has appointed the firms and lawyers listed below as Class Counsel in this case:

    Christopher Lovell
    Lovell Stewart Halebian Jacobson LLP
    61 Broadway, Suite 501
    New York, NY 10006
    Telephone: (212) 608-1900
    Fax: (212) 719-4677
    W. Joseph Bruckner
    Lockridge Grindal Nauen P.L.L.P.
    100 Washington Avenue South, Suite 2200
    Minneapolis, MN 55401
    Telephone: (612) 339-6900
    Fax: (612) 339-0981

    Steven N. Williams
    Cotchett, Pitre & McCarthy, LLP
    San Francisco Airport Office Center
    840 Malcolm Road, Suite 200
    Burlingame, CA 94010
    Telephone: (650) 697-6000
    Fax: (650) 697-0577
    Daniel E. Gustafson
    Gustafson Gluek PLLC
    Canadian Pacific Plaza
    120 South 6th Street, Suite 2600
    Minneapolis, MN 55402
    Telephone: (612) 333-8844
    Fax: (612) 339-6622

    Class Counsel will represent you and other members of the Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

  3. How will the lawyers be paid?

    The Court will decide how much Class Counsel will be paid. Class Counsel has not submitted a request for attorneys’ fees or litigation expenses at this time; however, when Class Counsel seeks fees, they will ask for no more than 33% of the Settlement Fund, plus interest, and reimbursement for their expenses.

  4. How do I tell the Court that I don’t like the Settlement(s)?

    If you are a member of the Class, you can object to all or part of one or more Settlements, Class Counsel’s requests for fees and expenses, or both. To object, you must submit a letter that includes the following:

    • Your name, address, and telephone number;
    • A statement saying that you object to the Settlement(s) in Precision Associates, Inc. v. Panalpina World Transport, No. 08-cv-00042 (E.D.N.Y.) (JG) (VVP);
    • The Settling Defendant’s name in the Settlement or each of the Settlements you are objecting to;
    • Proof of your membership in the Class;
    • The reasons you object to the Settlement(s), along with any supporting materials; and
    • Your signature.

    You must submit your objection to the court, no later than June 25, 2013 by delivering it by hand or sending it by mail to the following address:

    Clerk of the Court

    United States District Court

    Eastern District of New York

    225 Cadman Plaza East

    Brooklyn, NY 11201

  5. What is the difference between objecting and excluding?

    Objecting is simply telling the Court that you don’t like something about the Settlement(s). You can object to a Settlement only if you do not exclude yourself from that Settlement. Excluding yourself from a Settlement is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself from a Settlement, you have no basis to object to the Settlement because it no longer affects you.

  6. When and where will the Court decide whether to approve the Settlements?

    The Court held a Fairness Hearing at 10:00 a.m. on August 9, 2013, at the U.S. District Court for Eastern District of New York, located at 225 Cadman Plaza East, Brooklyn, NY 11201. At this hearing the Court considered whether the Settlement is fair, reasonable, and adequate.

    The Court also considered any request by Class Counsel for attorneys’ fees and expenses, and whether to approve the Settlements. The Court’s decision may be appealed. We do not know how long these decisions will take. Please be patient.

  7. Do I have to come to the hearing?

    No. Class Counsel will answer questions the Court may have. But, you may come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you submitted your written objection on time, to the proper addresses, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary. Should you wish to speak at the hearing, you may appear, either on your own, or through an attorney you hire, to present any evidence or argument that the Court decides is proper and relevant.

  8. What happens if I do nothing at all?

    If you received a Summary Notice and Claim Form from the Claims Administrator, you do not have to do anything right now if you wish to remain a Class Member. You are automatically registered to receive future notifications about the case. If you wish to claim benefits, you must fill out the Claim Form and submit it no later than August 22, 2014 according to the directions on the Claim Form. You are automatically registered to receive future notifications, when available, and you do not need to take any action at this time to remain in the Class.

    If you did not receive a Summary Notice and Claim Form from the Claims Administrator, you must register to receive future notifications, which will contain additional important information, and a Claim Form. If you do nothing, you will not receive benefits from the Settlements.

    Unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Settling Defendants about the legal issues in this case, ever again.

  9. How do I get more information?

    More details are in the Settlement Agreements. You can review a copy of the Settlement Agreements on the Important Documents page. You may also write with questions to Freight Forwarders Claims Administrator, P.O. Box 3747, Portland, Oregon, 97208-3747, United States or call Toll Free 1-877-276-7340 (in the U.S. or Canada) or International Toll 503-520-4400.

  10. Are U.S. government entities part of the class and should they submit claim forms?

    No, U.S. government entities are not part of the class and should not submit claim forms.

    If you are sure you are a government entity, you are not eligible for a settlement distribution.

    If you are unsure whether you are a government entity, you should submit a claim form, and explain your status. The Claims Administrator will determine whether your claim qualifies.

  11. What is a government entity?

    Government entities are excluded from the Settlement Class. Government entities include federal, state, local, county and municipal governments, including public school systems, state-operated colleges and universities, special district governments and other statutorily established government entities and political subdivisions. Government entities do not include government entities outside of the United States.

  12. Are rail and/or truck services included in claims process?

    "Freight Forwarding Services" does not include transportation services related solely to truck and/or rail. "Freight Forwarding Services" does include truck and rail services which were provided as part of a qualifying air or ocean freight forwarding service.

  13. Are "import duties" considered taxes and if so, should the claimant exclude these duties from the amounts in Section B on the claim form?

    Yes, "import duties" are considered taxes and should be excluded from the amounts in Section B of the claim form.

  14. Can you tell me what defendant I purchased freight forwarding services from?

    Yes, Epiq – the Claims Administrator – can provide information concerning which Defendant gave us your contact information. Please be aware, however, that this information may be incomplete. In order to determine the total value of your affected purchases, you should consult and review your own records and other information.

  15. Who should fill out proof of claim? A small forwarder or his clients?

    The entity which directly purchased the Freight Forwarding Services from a Defendant should submit the claim form.

    For example, if an intermediary non-defendant forwarder purchased the space with the defendant forwarder and is identified on the purchase documents as the purchaser, it is the direct purchaser and should submit the claim form.

    If instead the non-defendant forwarder was nothing more than an intermediary and its client is identified on the purchase documents as the purchaser, it is the non-defendant forwarder’s client that is the direct purchaser and that entity should submit the claim form.

  16. Are purchases of express shipments part of the class?

    Class members should include purchases of express shipments from Defendants on the claim form at this time. The Claims Administrator will make a decision later as to whether and how express shipments will be compensated.

  17. What documentation is necessary to assign a claim from a direct to indirect purchaser?

    The Claims Administrator will accept a declaration/affidavit from the direct purchaser who originally purchased the freight forwarding services and owned the claim, stating under oath or penalty of perjury that it assigns its claim to the entity submitting it.

  18. What supporting documentation should a class member maintain?

    Although the claim form does not specify what kind of documentation required for purposes of filing a claim, class members should preserve and maintain any and all documents they believe will be useful for the claim administrator in determining the amount owed.

    • Defendant-Specific Airway Bill (AWB).
    • Invoices
    • Proof of Payment (Canceled Check).
    • In-House Purchase Report. (An “In-house Purchase Report” is a Class Member generated report of purchases from Defendants that is kept in the normal course of the Class Member’s business. An In-house Purchase Report may include a spreadsheet or other document which summarizes the purchase information which was provided on an invoice.)
    • Packing Slips
    • Defendant-Specific Statement of Account. (A “Defendant specific statement of Account” is a statement of purchases made by the Class Member that was provided by the Defendant.)
    • Account Audits. ( An “Account Audit” is a Class Member generated report of purchases from Defendants that is kept in the normal course of the Class Member’s business and is generated from the Class Member’s accounting software.)

  19. Can class members include shipments on the claim form made through a subsidiary of a defendant?

    Yes. The claim form asks class members to include information regarding all freight forwarding services purchased from any of the listed defendants "or their subsidiaries or affiliates."

  20. What should a class member do if they are unsure how much to claim?

    Class members should provide as much information as they accurately can to support the claim. If a class member is missing information or has incomplete information, at the bottom of page 6 of the claim form there is section where the class member can explain the basis for their claim and the reason why more complete information is not available.

  21. Since class members were on a client list from Defendants, can't the claims administrator use the transactional data (once produced) to determine how much their claim should specifically be?

    Transactional data from Defendants regarding Freight Forwarding Services purchased by class members is not presently available, and the Claims Administrator cannot predict whether such data would be complete if and when available. The Claims Administrator will post a notice on this website if and when such data is available to class members.

    Class members should not rely on the possibility of the Claims Administrator obtaining such data from Defendants. Instead, class members should provide as much information as they accurately can to support the claim. If a class member is missing information or has incomplete information, at the bottom of page 6 of the claim form there is section where the class member can explain the basis for their claim and the reason why more complete information is not available.

  22. Can class members submit an estimated claim form? What is the procedure?

    Consistent with the bottom section on page 6 of the claim form, if class members cannot submit detailed information, they can explain why they cannot and can submit an estimated amount under penalty of perjury.

  23. If the same company received multiple letters at different office locations, do they need to submit a claim for each letter received or just one?

    If it is truly the same company simply with different office locations, the company only needs to submit one claim form aggregating all of the data regarding its shipments made through Defendants during the relevant period.

    If, however, it is a subsidiary or affiliate office with different corporate incorporation, each company that received the claim form and paid for freight forwarding services needs to submit the claim form.

  24. Can a parent company file on behalf of its subsidiaries, or does each entity have to do separate claims?

    The Claims Administrator will accept a declaration/affidavit from the direct purchaser who originally purchased the freight forwarding services and owned the claim, stating under oath or penalty of perjury that it authorizes its parent company to file the claim on behalf of the subsidiary.

  25. Are Defendants responsible for providing Class members with claims information?

    No, although some Defendants may voluntarily do so upon a class member’s request. Class members should provide as much information as they accurately can to support the claim. If a class member is missing information or has incomplete information, at the bottom of page 6 of the claim form there is section where the class member can explain the basis for their claim and the reason why more complete information is not available.

  26. Are shipments made exclusively within the United States included?

    If shipments exclusively within the United States otherwise meet the criteria specified in the Claim Form, they should be included. At the time settlement proceeds are allocated, the Claims Administrator will determine whether such shipments were subject to the surcharges at issue in this case and therefore whether charges for such shipments are compensable.

  27. What is the total value of the shipments in this case (or if there is some such information)?

    Given the number of freight forwarders, different routes and different surcharges involved, estimating an overall total value of all affected shipments in this case with a reasonable degree of accuracy is of limited utility. When assessing the value of the proposed settlements, class counsel took into account publicly available data on shipping, conspiratorial revenue, litigation risks, the settling defendant’s proffered cooperation (where applicable), case complexity and counsel’s assessment of the strength of the evidence.

  28. Should I still fill out the form even if I didn't purchase from a Settling Defendant?

    Yes. If you purchased freight forwarding services from one of the defendants named in this lawsuit, you are an eligible class member even if you did not make any freight forwarding purchases from a Settling Defendant.

  29. Do I need to use a Third Party service to file my claim?

    No. You do not need a third party service to file your claim.

  30. Does the Peak Season Surcharge (“PSS”) include shipments made from South China?

    In Item 3.b of the Proof of Claim, the Peak Season freight forwarding charges paid on shipments from "Hong Kong" include all of the freight forwarding charges paid for air and any related ground transport in Hong Kong and from South China to Hong Kong.

    Example: If the freight forwarding charge includes trucking to transport the item from South China to Hong Kong for air shipment, then the entire freight forwarding charge for both the trucking and the air is included in response to this item.

  31. How is “pro rata” determined under the Plan of Allocation?

    With respect to questions by Class members about what “pro rata” means, the following information is responsive:

    1. There is no reversion of settlement funds to Settling Defendants in respect of Class members who opt out or fail to submit a proof of claim.
    2. Rather, the Net Settlement Fund will be distributed among the Class Members who do submit claims and are deemed by the Claims Administrator to be Qualified Class Members.
    3. Therefore, the pool of Class Members who actually submit claims and qualify as eligible claimants will be an important factor in determining the amount of the pro rata payment to each eligible claimant as described below.
    4. In the foregoing context, it is presently anticipated that the Claims Administrator will likely take the following steps in order to implement the “pro rata” distribution.
      1. For each conspiracy, estimate the total amount of that conspiracy’s surcharges paid by all Qualified Class Members ("Specific Conspiracy Total Surcharge Amount").
      2. Divide 90% of the Net Settlement Proceeds from each Settling Defendant among the conspiracies in which such Settling Defendant is alleged by Plaintiffs to have participated based upon the respective Specific Conspiracy Total Surcharge Amounts for such conspiracies.
      3. Sum the total amount due to each conspiracy from the Net Settlement Funds paid by each Settling Defendant ("Specific Conspiracy Total Settlement Amount").
      4. Allocate each Specific Conspiracy Total Settlement Amount among the Qualified Class Members who paid surcharges in that conspiracy according to the amount of surcharges they claimed. For instance, if one Qualified Class Member’s Security Surcharge qualified claims total 1 percent of all Qualified Class Members’ qualified claims for this Surcharge, then such Qualified Class Member would receive 1 percent of the Specific Conspiracy Total Settlement Amount for the Security Surcharge conspiracy.
      5. e. Sum each Qualified Class Member’s allocations from all conspiracies under “d” above in order to determine the total payment due to that Class Member in respect of the 90% of the settlement proceeds referenced in "b" above.
      6. Allocate the remaining 10% of the Net Settlement Proceeds from each and all Settling Defendants among all Qualified Class Members as follows. Multiply 10% of the Net Settlement Proceeds from all Settling Defendants by a fraction the denominator of which is the total of the freight forwarding charges paid by all Qualified Class Members and the numerator of which is that Qualified Class Member’s total freight forwarding charges paid. Example: if a Qualified Class Member paid 1% of the total freight forwarding charges paid by all Qualified Class Members, then that Qualified Class Member would be entitled to receive 1% of such remaining 10% of the Net Settlement Proceeds from all Settling Defendants.
    5. Each Qualified Class Member will be entitled to receive its total of the sums due to it under "e" and "f" above.
    6. Plaintiffs are in the process of attempting to obtain information from Defendants regarding the surcharges paid by each Class Member. It is possible that, in the event that it is fair and equitable, due to the absence of information from Qualified Class Members and/or Defendants, administrative conventions may be employed by the Claims Administrator in determining amounts of one or more of the charges. Please continue to check this website for any updates.
  32. Have the settlements been finally approved?

    Yes, the Schenker, EGL, Expeditors, Nishi-Nippon, Vantec, United Aircargo Consolidators, Inc., Kuehne & Nagel, Morrison Express, UTi Worldwide, Inc. and ABX Logistics Worldwide NV/SA settlements were finally approved on September 25, 2013. The Final Approval Orders are available under the Important Documents Section.

  33. What are the names of the Defendants’ subsidiaries and affiliates that provided freight forwarding services?

    Co-Lead Counsel is working with Defendants to obtain a comprehensive list of their subsidiaries and affiliates that provided freight forwarding services during the class period. The list below represents the subsidiary and affiliate information Co-Lead Counsel has received to date. Please continue to check this FAQ for further updates.

    Expeditors International of Washington, Inc.

    • Please click here to see a list of Expeditors subsidiaries and affiliates.

    Geodis S.A.:

    • Rohde and Liesenfeld (any purchases after January 3, 2008).

    Kuehne + Nagel International AG (“KNI”) and Kuehne + Nagel Inc.:

    • Please click here to see a list of K+N subsidiaries and affiliates.

    Morrison Express Logistics Pte. Ltd. (Singapore) and Morrison Express Corporation (U.S.A.)

    • All subsidiaries and affiliates contain the name “Morrison Express”

    Nishi Nippon Railroad Co., Ltd.:

    • NNR + Dachser GmbH. (NR + Dachser Global Logistics)
    • NNR + Dachser Hungary Forwarding and Logistics LTD. (NR + Dachser Global Logistics Hungary)
    • NNR Global Logistics (Beijing) Co., Ltd.
    • NNR Global Logistics (Shanghai) Co., Ltd.
    • NNR Int'l Logistics (Shanghai) Co., Ltd.
    • NNR Global Cargo Services (Guangzhou) Co., Ltd.
    • NNR Global Logistics (HK) Limited
    • NNR Global Logistics Taiwan Inc.
    • NNR Global Logistics (Korea) Co., Ltd.
    • NNR Global Logistics (S) Pte. Ltd.
    • NNR Global Logistics (M) Sdn. Bhd.
    • PT NNR Prima Global Logistics Indonesia
    • NNR Global Logistics (Thailand) Co., Ltd.
    • NNR Global Logistics India Private Limited
    • NNR Global Logistics (Philippines) Inc.
    • NNR Global Logistics (Vietnam) Co., Ltd.
    • NNR Global Logistics UK Limited
    • NNR Global Logistics USA Inc.
    • NNR Poland (NR Global Logistics UK Limited Sp z,o,o, Oddzial w Polsce)
    • WACO Finland (OY WACO Logistics Finland)

    United Aircargo Consolidators

    • UAC Airfreight International Inc. (purchases between April 2005 and September 2006).

    Vantec World Transport (U.S.A.), Inc.:

    • Vantec World Transport (USA), Inc.
    • Vantec World Transport (U.K.), Limited
    • Vantec World Transport (Netherlands), B.V.
    • Vantec World Transport (H.K.), Limited
    • Vantec World Transport (China) LTD
    • Vantec World Transport (Guanzhou) Co., LTD
    • Vantec World Transport (Shanghai), LTD
    • Vantec World Transport (S) PTE, LTD [Singapore]
    • Vantec World Transport (M) SDN, BHD [Malaysia]
    • Vantec World Transport (Thailand) Co., LTD
    • Vantec World Transport (Taiwan) Co., LTD

    Yusen Air & Sea Service (U.S.A.), Inc. and Yusen Air & Sea Service Co., Ltd.:

    • Yusen Logistics America, Inc. f/k/a Yusen Air & Sea Service (USA)
    • Yusen Air & Sea Service (Japan) f/k/a Yusen Air & Sea Service Co., Ltd.
    • TASCO
    • Yusen Air & Sea Service (Benelux)
    • Yusen Air & Sea Service (Singapore)
    • P.T. Yusen Air & Sea Service Indonesia