In re Polyurethane Foam Antitrust Litigation

Labaton Sucharow serves on the Executive Committee in this lawsuit filed on behalf of a proposed class of direct purchasers of polyurethane foam.  

Plaintiffs allege that defendants conspired to unlawfully fix the prices of polyurethane foam in the United States beginning on January 1, 1999 through the present. Polyurethane foam, used to insulate objects or reduce shock, is found in numerous products such as bedding, furniture cushions, automotive parts, shipping products, medical devices, footwear and toys. The case is pending before the Honorable Jack Zouhary in the Northern District of Ohio. 

In February 2010, one of the defendants, Vitafoam, approached the U.S. Department of Justice ("DOJ") to provide cooperation regarding its role in the conspiracy in exchange for leniency. The company has since been conditionally accepted into the DOJ's corporate leniency program. 

In July 2011, the Court denied defendants' motions to dismiss the Consolidated Amended Complaint.

On January 23, 2012, the Court granted preliminary approval of settlement with Vitafoam providing for a minimum recovery of $9 million and a potential recovery of $15 million. On March 30, 2012 the Court entered an Order dismissing plaintiffs' claims against defendants Domfoam and Valle Foam without prejudice pursuant to the parties' settlement agreement. Domfoam and Valle Foam have recently filed for bankruptcy.