Frequently Asked Questions


BASIC INFORMATION ABOUT THE LAWSUIT AND SETTLEMENTS

1. Why did I get this Notice?

You received the Notice because you requested it or records indicate that you may be a member of the Indirect Purchaser Settlement Classes. Settlements have been reached with Settling Defendants. All Settling Defendants deny any wrongdoing. You are not being sued. The Notice describes the lawsuit, the Settlements of this case against the Settling Defendants, and the rights and options you have now.


2. What is the lawsuit about?

The lawsuit is about the price of liquid aluminum sulfate and whether its manufacturers conspired to fix, stabilize, or maintain its price and allocate customers for the product.

The Settling Defendants deny these claims.


3. What is the current status of the lawsuit?

Plaintiffs have agreed to Settlements with the Settling Defendants. The lawsuit is currently pending in the United States District Court for the District of New Jersey before United States District Judge Madeline Cox Arleo. The case name is In re Liquid Aluminum Sulfate Antitrust Litigation, and the civil action number is 16-md-2687. The Court has set a Final Fairness Hearing for the proposed Settlements on November 7, 2019 at 2:00 p.m. eastern time. Please consult www.LiquidAluminumSulfate.com for any updates on deadlines.


4. What do the Settlements provide?

The Court has granted preliminary approval of each of these Settlements and directed that the Notice be provided to members of the Settlement Classes. The Settlements total $29,250,000 which, after the payment of Court-approved attorneys’ fees, reimbursement of litigation expenses, cost of notice, incentive awards (if any) to Class Representative Plaintiffs, and costs and fees associated with Claims Administration, will be used to pay eligible Claimants according to a Plan of Allocation, to be approved by the Court. The Plan of Allocation is available on the Notice page of this website. It is possible that any money remaining after claims are paid will be distributed to charities or other beneficiaries approved by the Court. There are six separate settlements covered by the Notice:

• Defendants General Chemical Corporation; General Chemical Performance Products, LLC; General Chemical LLC, GenTek Inc., Chemtrade Logistics Income Fund; Chemtrade Logistics Inc., Chemtrade Chemicals Corporation (collectively, “Chemtrade”) have agreed to pay $14,000,000 to a fund to compensate members of the GCC Settlement Class.

• Kemira Chemicals, Inc. has agreed to pay $2,350,000 to a fund to compensate members of the Kemira Settlement Class.

• Southern Ionics Incorporated has agreed to pay $5,000,000 to a fund to compensate members of the Southern Ionics Settlement Class.

• USALCO LLC has agreed to pay $5,000,000 to a fund to compensate members of the USALCO Settlement Class.

• American Securities LLC has agreed to pay $2,200,000 to a fund to compensate members of the American Securities Settlement Class.

• C&S Chemicals, Inc. has agreed to pay the principal amount of $700,000 in cash, payable over a four year period to a fund to compensate members of the C&S Chemicals Settlement Class. The principal will bear interest of 4.45% per annum, and will be paid in monthly installments. With interest, the total amount of principal and interest to be paid by C&S is $765,440.96.

The above amounts are being paid by the Settling Defendants, as set forth above, in exchange for releases of all claims that have been or could have been brought against them under the laws of the states listed in the class definition and the District of Columbia in connection with their alleged conduct relating to the conspiracy to fix prices of liquid aluminum sulfate, allocate markets or customers, or alleged conduct relating to unfair and deceptive practices in connection with the sale of liquid aluminum sulfate to indirect purchasers (“Releases”). The Releases are set forth in full as part of the Proof of Claim Form required to be signed under oath in order to participate in the Settlements.

More details are in the Settlement Agreements and Releases, available on the Court Documents page of this website.


5. What are members of the Indirect Purchaser Settlement Classes giving up in exchange for the Settlements?

In exchange for the Settlements, members of the Indirect Purchaser Settlement Classes will agree to a “Release of Claims” against each of the Settling Defendants defined in the respective Settlement Agreements and as set forth in the Claim Form and in the respective Settling Defendant’s Settlement Agreement, all of which are available on this website.

In addition to the provisions of the Releases, the Releasing Parties hereby expressly waive and release, solely with respect to the Released Claims, upon Final Judgment, any and all provisions, rights, and benefits conferred by Section 1542 of the California Civil Code, which states:

CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR;
or by any law of any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to Section 1542 of the California Civil Code. Each Releasing Party may hereafter discover facts other than or different from those which he, she, or it knows or believes to be true with respect to the claims which are released pursuant to the provisions of the Settlement Agreements, but each Releasing Party hereby expressly waives and fully, finally, and forever settles and releases, upon Final Judgment, any known or unknown, suspected or unsuspected, contingent or non-contingent claim that the Releasing Parties have agreed to release pursuant the Settlement Agreements, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts.

The Settlement Agreements, available on the Court Documents page of this website, fully describe the Settlements and the Released Claims. If you have any questions, you can talk with the lawyers listed in Question 18 for free, or you can, of course, talk with your own lawyer if you have questions about what this means.


DETERMINING IF YOU ARE A MEMBER OF THE CLASSES

6. I am a person or entity who purchased or paid for liquid aluminum sulfate; how do I know if I am a member of the Classes?

You may be a member of the Indirect Purchaser Settlement Classes if:

• From January 1, 1997, through February 28, 2011, in the Indirect Purchaser States you indirectly purchased or paid for some or all of the purchase price, not for resale, of liquid aluminum sulfate manufactured or sold by the Settling Defendants.

• The following are NOT members of the Settlement Classes:
Defendants and co-conspirators and their respective parents, subsidiaries, and affiliates.


THE BENEFITS OF THE SETTLEMENTS

7. How do I receive a payment?

If you are an Indirect Purchaser Settlement Class Member and do not exclude yourself from one or more of the Settlements, you may be eligible to receive a payment from the Settlements. To qualify for a payment from any of the Settlements, you must submit a Claim Form. You must fill out the Claim Form and include all the information the form asks for. Be sure to sign it, and mail it by first-class mail, or submit it online, postmarked (if mailed) or received (if submitted online) no later than February 15, 2020 to:

In re Liquid Aluminum Sulfate Antitrust Litigation (Indirect Purchaser Action)
c/o A.B. Data, Ltd.
P.O. Box 173050
Milwaukee, WI 53217
8. How much money can I get?

At this time, it is unknown how much each eligible Class Member that submits a valid claim will receive. Payments will be based on a number of factors, including the number of valid claims filed by all eligible Class Members and the dollar value of each eligible Class Member’s purchase(s) in proportion to the total claims filed. No matter how many claims are filed, no money will be returned to the Released Parties once the Court finally approves the Settlements. No additional money will be paid by any of the Released Parties to the Indirect Purchaser Settlement Classes. To receive a payment, you will need to file a valid Claim Form before the claims period ends.


EXCLUDING YOURSELF FROM THE SETTLEMENTS

9. What does it mean to request to be excluded from the Indirect Purchaser Settlement Classes?

If you do not want to be part of some or all of the Settlement Classes and you want to keep your right to sue some or all of the Settling Defendants relating to the allegations in In re Liquid Aluminum Sulfate Antitrust Litigation, Civil Action No. 16-md-2687 concerning the alleged anticompetitive conduct, then you must take steps to remove yourself from the Indirect Purchaser Settlement Classes for some or all of the Settlements. This is called excluding yourself, or “opting out” of the Indirect Purchaser Settlement Classes. If you exclude yourself, you will not receive any payment or anything else from the Settlements.

10. How do I get out of some or all of the Settlements? (Excluding yourself.)

To exclude yourself from one or more of the Settlements, you must send a letter by mail saying that you wish to be excluded from one or all of the Indirect Purchaser Settlement Classes in In re Liquid Aluminum Sulfate Antitrust Litigation, Civil Action No. 16-md-2687, and identifying which of the Settlement Classes from which you wish to be excluded. You must include your name, address, telephone number, amount of your Alum purchases during the Class Period, which settlement(s) you seek exclusion from, and signature. You cannot exclude yourself on the telephone or by email. You must mail your Request for Exclusion, postmarked no later than October 7, 2019, to:

In re Liquid Aluminum Sulfate Antitrust Litigation (Indirect Purchaser Action)
EXCLUSIONS
P.O. Box 173001
Milwaukee, WI 53217
11. What is the legal significance of excluding myself?

If you exclude yourself, you will not be legally bound by the Settlements with the Indirect Purchaser Settlement Classes from which you exclude yourself. You may be able to sue the Settling Defendants in the future.

12. If I don’t exclude myself, can I sue later?

No. Unless you exclude yourself, you give up the right to sue the Settling Defendants for the claims that the Settlements with them resolve. You must exclude yourself from the Indirect Purchaser Settlement Classes to be able to bring your own, separate lawsuit(s) against the Settling Defendants. Exclusion from one of the settlements does not qualify as exclusion from another settlement – you may decide from which settlement to exclude yourself and you must specify the settlement from which you are excluding yourself. Remember, the exclusion deadline is October 7, 2019.

13. What’s the difference between objecting and excluding myself from the Settlements?

Objecting is telling the Court that you do not like something about one or more of the Settlements. You can object only if you stay in the Indirect Purchaser Settlement Classes. In contrast, excluding yourself is telling the Court that you do not want to be part of the Indirect Purchaser Settlement Classes for one or more of the Settlements. If you exclude yourself from the Indirect Purchaser Settlement Classes, you have no basis to object to the Settlements because the action no longer affects you with regard to the Indirect Purchaser Settlement Classes.

14. If I exclude myself, can I still get a payment from the Settlements?

No. You will not get any money if you exclude yourself from all of the Settlement Classes. If you only exclude yourself from one of the Settlements, you will get money from the Settlements for which you have not excluded yourself.


OBJECTING TO THE SETTLEMENTS

15. What does it mean to object?

Objecting is telling the Court that you don’t like something about one or more of the proposed Settlements. You can give reasons why you think the Court should not approve one or more of the Settlements. The Court will consider your views before making a decision.

16. How do I object to the proposed Settlements?

To object, you must prepare and sign a written objection that includes: (1) the case name and number (“In re Liquid Aluminum Sulfate Antitrust Litigation, Civil Action No. 16-md-2687”); (2) your full name, current address, and telephone number; (3) the Settlement or Settlements to which you are objecting; (4) a written statement of your objections and the specific reasons for each; (5) any supporting papers, evidence, or documents; (6) a statement of whether you intend to appear and present your objections at the Fairness Hearing (see Question 21); and (7) your signature. You must file your objection with the Court no later than October 7, 2019, and mail copies to Class Counsel and Defense Counsel postmarked no later than October 7, 2019.

COURT CLASS COUNSEL
The Martin Luther King Building & U.S.
Courthouse, 50 Walnut Street, Room 4015
Newark, NJ 07101
Jay B. Shapiro
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
Museum Tower
150 West Flagler Street, Suite 2200
Miami, FL 33130

Marvin A. Miller
Miller Law LLC
115 S. LaSalle Street, Suite 2910
Chicago, IL 60603
DEFENSE COUNSEL
Steven A. Reiss
Adam C. Hemlock
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153-0119
Counsel for the Chemtrade Defendants

Jeffrey S. Cashdan
King & Spalding LLP
1180 Peachtree St., NE
Suite 1600
Atlanta, GA 30309
Counsel for Kemira Chemicals, Inc.

John S. Mairo
Kelly D. Curtin
Porzio, Bromberg & Newman, P.C.
100 Southgate Parkway
P.O. Box 1997
Morristown, NJ 07962
Counsel for Southern Ionics Incorporated and Milton Sundbeck
William F. Ryan, Jr.
Aaron Casagrande
Whiteford, Taylor & Preston L.L.P.
7 Saint Paul Street
Baltimore, MD 21202-1636
Counsel for USALCO LLC

Aaron Rubinstein
Arnold & Porter Kaye Scholer LLP
250 West 55th Street
New York, NY 10019-9710
Counsel for American Securities LLC

John D. Dalbey
Chilivis Cochran Larkins & Bever LLP
3127 Maple Dr. NE
Atlanta, GA 30305
Counsel for C&S Chemicals, Inc.

IF YOU DO NOTHING

17. What happens if I do nothing at all?

If you do nothing, and the Court approves the Settlements, you will be bound by their terms. Unless you exclude yourself, you will not be able to file a lawsuit or be part of any other lawsuit asserting claims against the Settling Defendants concerning or relating to the claims and factual allegations that were or could have been raised in this action. The complete Settlement Agreements are available on the Court Documents page of this website and more specifically describe the Released Claims provisions of the Settlement Agreements.


THE LAWYERS REPRESENTING YOU

18. As a member of the Indirect Purchaser Settlement Classes, do I have a lawyer representing my interests in this Class Action and the Settlements?

Yes. The Court has appointed lawyers to represent you and other Class Members. These lawyers are called Class Counsel. You will not be charged individually for these lawyers. They will ask the Court to approve an award for expenses in connection with the Liquid Aluminum Sulfate Antitrust Litigation. The following lawyers represent the Indirect Purchaser Settlement Classes:

COUNSEL FOR THE CLASS
Jay B. Shapiro
Stearns Weaver Miller Weissler Alhadeff
& Sitterson, P.A.
Museum Tower
150 West Flagler Street, Suite 2200
Miami, FL 33130
Marvin A. Miller
Miller Law LLC
115 S. LaSalle Street, Suite 2910
Chicago, IL 60603
19. How will the lawyers be compensated? Will the named Plaintiffs receive an incentive award?

Class Counsel intend to request that the Court award attorneys’ fees not to exceed 33 1/3% of the aggregate amounts of the Settlements, and reimbursement of expenses. Class Counsel may also ask the Court to award service awards for the Class Representative Plaintiffs of up to $25,000 each from the aggregate Settlement Funds in recognition of their efforts on behalf of the Classes.

20. Should I get my own lawyer?

You do not need to hire your own lawyer, but if you hire a lawyer to speak for you or appear in Court, your lawyer must file a Notice of Appearance. If you hire your own lawyer, you will have to pay for that lawyer on your own.


THE COURT’S FINAL APPROVAL HEARING

21. When and where will the Court determine whether to approve the Settlement?

The Final Approval Hearing will be on November 7, 2019 at 2:00 p.m. eastern time before Judge Madeline Cox Arleo, The Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Room MLK 4A, Newark, NJ 07101. At this Hearing, the Court will consider whether the proposed Settlements and all of their terms are fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court may listen to people who have asked for permission to speak at the Hearing (see Question 23). At or after the Hearing, the Court will decide whether to finally approve the proposed Settlements. There may be appeals after that. We do not know how long these decisions will take.

The time and date of the Hearing is subject to change. Please visit www.LiquidAluminumSulfate.com for updates.

22. Do I have to attend the Final Approval Hearing?

No. Class Counsel will answer any questions the Court may have. But you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. So long as you file your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but that is not required.

23. May I speak at the Final Approval Hearing?

Yes. You may ask the Court to speak at the Final Approval Hearing. To do so, you must include a Notice of Intent to Appear at the Fairness Hearing with your objection (see Question 16). You must provide copies of any documents you intend to rely upon, including the names and addresses of any witnesses who will appear at the Fairness Hearing, and the name of any counsel representing you as an objector. Ultimately, the Court will decide who will be allowed to speak at the Fairness Hearing.


GETTING MORE INFORMATION

24. Where do I get more information?

This Notice contains a summary of relevant court papers. Complete copies of public pleadings, Court rulings, and other filings are available for review and copying at the Clerk’s office. The address is: The Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Room MLK 4A, Newark, NJ 07101. Judge Madeline Cox Arleo for the United States District Court for the District of New Jersey is overseeing the Class Action. You can also review relevant Decisions and Orders on the Court Documents page of this website. Additional information about the Class Action and proposed Settlements is available on this website, or you can email the Settlement Administrator at info@LiquidAluminumSulfate.com or toll-free at 1-866-217-4455. Please do not contact the Court or Judge Arleo.