Drywall Antitrust Litigation Settlement (Direct Purchaser)

Filing Deadline: TBD
Settlement Amount: $190,000,000.00
Eligible Claimants:

All persons or entities that purchased Paper-backed Gypsum Wallboard in the United States from January 1, 2012 through January 31, 2013 (the “Class Period”) directly from: (a) American Gypsum Company, LLC, Eagle Materials Inc., Lafarge North America, Inc., New NGC, Inc., PABCO Building Products, LLC, USG Corporation, United States Gypsum Company, TIN Inc., or Georgia Pacific LLC (collectively, “Manufacturer Co-Conspirators”); and/or (b) L&W Supply Corporation or any of its subsidiaries or affiliates (collectively, “L&W”) where the Paper-backed Gypsum Wallboard was manufactured by American Gypsum Company, LLC, Eagle Materials Inc., PABCO Building Products, LLC, USG Corporation, or United States Gypsum Company. Excluded from the Class are (a) Manufacturer Co-Conspirators and Certainteed, along with each of their respective parent companies, subsidiaries and affiliates (e.g., Pacific Coast Supply, LLC and L&W), and (b) federal governmental entities and instrumentalities of the federal government.

What are Wallboard products?

Wallboard products refer to paper-backed gypsum wallboard, which is also known as drywall or plasterboard. Alternatively, panel products consisting of a gypsum core with a paper surfacing on the face and back.

Defendants:

The defendants in this matter are American Gypsum Company, LLC, Eagle Materials Inc., Lafarge North America, Inc., New NGC, Inc., PABCO Building Products, LLC, USG Corporation, United States Gypsum Company, TIN Inc., Georgia Pacific, LLC, and L&W Supply.

Case History:

Starting in December 2012, direct purchasers of Wallboard filed lawsuits claiming that the Defendants conspired, in violation of the federal antitrust laws, to raise, fix, maintain or stabilize the price of Wallboard and, to help further this pricefixing conspiracy, abolish the industry’s long-standing practice of limiting price increases for the duration of a construction project through the use of “job quotes.”

Plaintiffs have agreed with both TIN, Inc. and United States Gypsum to settle the lawsuit on a class basis. The proposed settlements are only with TIN and USG, and the lawsuit will continue against the Defendants other than TIN and USG.

The settlement with TIN provides that TIN will pay $5.25 million and cooperate with the Plaintiffs in connection with the claims against the non-settling Defendants. The settlement with USG provides that USG will pay $39.25 million and cooperate with the Plaintiffs in connection with the claims against the non-settling Defendants.