Important Update For Distribution:

On October 28, 2013, distribution payments were mailed pursuant to the Court’s Order Authorizing the Distribution of the Air Cargo 3 Settlement Fund, filed September 25, 2013.

Overview of the Approved Settlements

There are additional partial Third Settlements (the "Third Settlements") totaling approximately $207 million in a class action lawsuit about Airfreight Shipping Services. This is in addition to the approximately $278 million in settlements with other Defendants described in earlier notices. The lawsuit is called In re Air Cargo Shipping Services Antitrust Litigation and is pending in the United States District Court for the Eastern District of New York. The Third Settlements are partial because there are other Defendants remaining in the case, and the litigation is continuing as to those Defendants.

You may be affected by these Third Settlements if you purchased Airfreight Shipping Services directly from one or more Defendants or Settling Defendants listed below for shipments to, from, or within the United States from January 1, 2000 to September 11, 2006.

Under these Third Settlements, British Airways Plc (“British Airways”) has paid $89.512 million; Lan Airlines, S.A., Lan Cargo, S.A., and Aerolinhas Brasileiras, S.A. (“Lan/ABSA”) have paid $66 million; Malaysia Airlines (“Malaysia”) has paid $3.2 million; South African Airways Ltd. (“South African”) has paid $3.29 million; Saudi Arabian Airlines, Ltd. (“Saudia”) has paid $14 million; Emirates has paid $7.833 million; El Al Israel Airlines Ltd. (“El Al”) has paid $9.8 million and will pay an additional $6 million in five installments; and Air Canada and AC Cargo LP (“Air Canada”) have paid $7.5 million. Moreover, British Airways has agreed to pay up to an additional $500,000 and Lan/ABSA has agreed to pay up to an additional $150,000 towards the cost of notice and Malaysia and South African have each agreed to pay up to $150,000 towards the cost of notice and settlement administration. All the Settling Defendants, including Air New Zealand employee Salvatore Sanfilippo, also have agreed to cooperate in the case against the remaining Defendants. The Settling Defendants have asserted a number of defenses to Plaintiffs’ claims but have settled to avoid the cost and risk of a trial.

THIS INFORMATION IS ONLY A SUMMARY. For more details, including who is and is not a Class Member, the distribution of the Settlement Funds and how to file a claim, Class Member options and deadlines to act, the location and date of the Final Approval Hearing, and other important information, please review the Notice.

What Are My Options?

Please consult the Notice for more details on your options.

Fairness Hearing

The Court held a Fairness Hearing on July 27, 2012 at 12:00 p.m. At this hearing the Court considered whether the Third Settlements are fair, reasonable, and adequate, whether to approve the Plan of Allocation, whether to award attorneys’ fees and expenses, and whether to award payment for anticipated litigation expenses.

On August 2, 2012, the Court granted final approval of the Third Settlements and found the Settlements to be fair, reasonable, and adequate; approved the Plan of Allocation; and awarded attorneys’ fees in the amount of $54,415,069.18 and expenses in the amount of $2,098,350.09.

DO NOT CONTACT THE COURTS




Important Dates
DateDeadline
June 1, 2012
[Expired]
Exclusion Deadline (Postmarked)
July 6, 2012
[Expired]
Objection Deadline (Filed and Received)
July 27, 2012 at 12:00 p.m.
[Passed]
Fairness Hearing at the United States District Court, Eastern District of New York
July 27, 2012
[Expired]
Claim Form Deadline (Postmarked)