Court Extends Important Dates in Lithium Ion Batteries Antitrust Settlement

06/09/2017

SEATTLE – Attorneys representing a class of indirect purchasers of certain lithium ion batteries announced date changes made by the court, affecting the settlements of indirect purchaser antitrust claims brought against defendant manufacturers, LG Chem, Ltd. and LG Chem America, Inc. (“LG Chem”); Hitachi Maxell Ltd. and Maxell Corporation of America (“Hitachi Maxell”); and NEC Corporation (“NEC”), according to class counsel, Hagens Berman.

What are the changes?

The court’s scheduling order extends the deadline to request exclusion from or object to the settlements, extends the claims filing deadline and sets a new date for the final fairness hearing. The new dates are: a new opt-out and objection deadline of Aug. 11, 2017, a new claims filing deadline of Nov. 29, 2017, and a new fairness hearing date of Oct. 3, 2017, at 2:00 p.m. Additional details and deadlines are available at www.reversethecharge.com.

What is the case about? 

The lawsuit alleges that defendants and co-conspirators conspired to raise and fix the prices of cylindrical li-ion cells for more than ten years, resulting in overcharges to indirect purchasers of portable computers, camcorders, and power tools containing li-ion cylindrical batteries.

Who is affected?

You may be included if, as a resident of the United States and during the period from Jan. 1, 2000 through May 31, 2011, you indirectly purchased new for your own use and not for resale one of the following products which contained a lithium-ion cylindrical battery manufactured by one or more sefendants in this lawsuit or their co-conspirators: (i) a portable computer; (ii) a power tool; (iii) a camcorder; or (iv) a replacement battery for any of these products. “Indirectly” means the product was purchased from someone other than the manufacturer, such as a retail store. A detailed notice, which includes additional information about the settlements, is available at www.reversethecharge.com.

What are the settlement benefits?

The LG Chem Settlement provides for the payment of $39 million in cash to the class. The Hitachi Maxell settlement provides for the payment of $3,450,000. The NEC settlement provides for the payment of $2.5 million. The settling defendants have also agreed to cooperate in the pursuit of the litigation. Previously, notice was provided about a settlement reached with Sony Corporation, Sony Corporation and Sony Electronics Inc. for $19.5 million.

Where can class members find more information?

For more details about the settlements, visit www.reversethecharge.com, or call 1-855-730-8645. The settlement administrator may also be reached via mail at the following address: Lithium Batteries Indirect Purchaser Settlements, c/o KCC Class Action Services, P.O. Box 43454, Providence, RI 02940-3454

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About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in 10 cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List eight times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

Media Contact
Ashley Klann
ashleyk@hbsslaw.com
206-268-9363


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Case Timeline

08/17/17: Additional Settlements Reached

Indirect purchasers have reached settlements with the LG, Hitachi-Maxell and NEC defendants, for a total of $44.95 million. The claims period for these settlements will end on Nov. 29, 2017. Go to https://www.reversethecharge.com/ to make a claim now. 

04/10/16: Motion for Preliminary Settlement Approval

Indirect purchasers have reached a settlement with the Sony defendants and filed their motion for preliminary approval in April 2016.

01/16/16: Motion for Class Certification

In January 2016, IPPs moved for certification of a class of all persons and entities who indirectly purchased a cylindrical lithium-ion battery manufactured by the defendants. This includes: (i) a portable computer, (ii) a power tool, (iii) a camcorder, or (iv) a replacement battery for any of these products. The class period extends from January 1, 2000 through May 31, 2011.

10/22/14: Amended Complaint

Hagens Berman files amended complaint, which includes plaintiffs from Hawaii. Download amended complaint.

10/02/14: Motion to Dismiss Denied

Judge Gonzalez Rogers denied, in part, defendants’ Motions to Dismiss the Second Consolidated Amended Complaints of Direct and Indirect Purchaser Plaintiffs, permitting IPPs to pursue their case against named-defendants.