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MHPC Files National Price-fixing Suit On Polyurethane Foam.

On October 1, 2010, Malkinson & Halpern, P.C. filed a federal price-fixing class action on behalf of its client, a polyurethane foam fabricating business, and other direct purchasers of polyurethane foam. The U.S. Department of Justice is conducting a criminal investigation into the alleged conspiracy among polyurethane foam manufacturers. 

The suit alleges that the primary producers of polyurethane foam for the United States market conspired to allocate customers and artificially elevate the price of foam sold from at least January 1, 1999, to the present. Polyurethane foam is commonly used in the upholstery, seating, mattress and packaging industries.  The firm’s client purchases significant amounts of foam in bulk and shapes or converts the foam to the specification and purpose of its customers.

Under federal statutes, direct purchasers from members of price-fixing cartels are entitled to a variety of relief, including triple damages and attorneys' fees. It is generally irrelevant that a direct purchaser may have passed the non-competitive pricing on to their customers, as the law will consider the purchaser to have been victimized and damaged by its own overpayment.

Customarily, our price-fixing clients are family or other non-publicly traded companies. Malkinson & Halpern, P.C. handles this type of litigation on a contingent basis in which the only attorneys fees and cost reimbursements we are paid are those approved by a judge and paid from proceeds of any favorable settlement or verdict.

Please contact John R. Malkinson if you/your company were a direct purchaser of Eggs during the above-stated period of time and have questions to ask or pricing/purchasing information to share. For a list of similar cases the firm has participated in,
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