November 22, 2016

The Law Firms of Block & Leviton LLP, Finkelstein Thompson LLP, and Green & Noblin PC Announce $5.2 Million Dollar Drywall Class Action Settlement Alleging Price Fixing

If you purchased for end use wallboard manufactured and/or distributed by USG Corporation, United States Gypsum Company, New NGC, Inc., Lafarge North America, Inc., Eagle Materials, Inc., American Gypsum Company LLC, PABCO Building Products, LLC, TIN, Inc., CertainTeed Gypsum, Inc., or their subsidiaries (collectively, the “Defendants”), between January 1, 2012 and June 16, 2016, you may be a class member. “Wallboard” means paper-backed gypsum wallboard, also called drywall or plasterboard.

What is the lawsuit about?

Plaintiffs allege that Defendants violated state and federal laws by fixing wallboard prices, causing Class Members to pay inflated prices. Plaintiffs seek damages, injunctive relief, and attorneys’ fees and expenses. Defendants deny Plaintiffs’ allegations, and the Court has not determined who is right. Plaintiffs have reached an agreement to settle the lawsuit with Lafarge North America, Inc. Litigation continues against the other non-settling Defendants.

Who is included?

The Settlement Class includes all persons or entities that indirectly purchased Wallboard in the United States manufactured by any of the Defendants, their subsidiaries, affiliates, or joint venturers for end use and not for resale during January 1, 2012 through June 16, 2016. The settlements recover money for Class Members in Arizona, Arkansas, California, the District of Columbia, Florida, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Puerto Rico, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin. Excluded are Defendants, the officers, directors and employees of any Defendant, the parent companies, subsidiaries and affiliates of any Defendant, the legal representatives and heirs or assigns of any Defendant, any co-conspirators, any state or federal entities or instrumentalities of the federal government or of a state, any judicial officer presiding over the Action, any member of his or her immediate family and judicial staff, and any juror assigned to the Action.

What do the settlements provide?

In exchange for their release and dismissal, Lafarge will pay $5.2 million and provide cooperation to Plaintiffs.

Your rights may be affected.

If you are a member of the Settlement Class and wish to remain in it, you do not need to take any action now, and your interests will be represented by Plaintiffs and Class Counsel.

If you do not want to be bound by one or both settlements, you must submit a written request for exclusion, postmarked no later January 17, 2017. If you exclude yourself from the Settlement Class, you will not be a part of the settlement, but will preserve your right to file or maintain your own lawsuit against it and will not be bound by any judgment dismissing it. Excluding yourself will not affect your rights regarding non-settling Defendants.

If you do not opt out, you can object to a settlement’s terms. Your objection must be filed no later than January 17, 2017.

More information on objecting or requesting exclusion is available at www.IndirectDrywallSettlement.com.

The Court will hold a final approval hearing on February 28, 2017 at 2:00 p.m. at the James A. Byrne United States Courthouse, 601 Market Street, Philadelphia, PA 19106, Courtroom 3A. The hearing may be continued without notice.

Further information is available at www.IndirectDrywallSettlement.com, or you may call 1-855-229-7511.

Do not contact the Court.

Block & Leviton LLP
155 Federal Street, Suite 400
Boston, MA 02110
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