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Sun, Jul 01, 2018

Settlement Reached With Four Airlines In Class Action Suits

Affect Purchasers Of Airline Tickets Between The U.S. And Asia, Australia, New Zealand, Or The Pacific Islands

Settlements have been reached with four airlines in class action lawsuits involving the price of airline tickets. The Settling Defendants are: Air New Zealand, China Airlines (Taiwan), EVA Airways, and Philippine Airlines. Settlements were previously reached with eight Defendants. The lawsuit continues against the remaining Non-Settling Defendant airline: All Nippon Airways ("ANA").

The lawsuits claim that the Defendants agreed to fix prices on tickets for transpacific air travel. As a result, ticket purchasers may have paid more than was necessary. The Settling Defendants deny the allegations and deny that they have any liability. The Defendant airlines also deny liability, although ANA has pled guilty to fixing the prices of certain discounted tickets.

Purchasers are included if: (1) they bought a ticket for air travel from one of 26 airlines; (2) the ticket included at least one flight segment originating in the U.S. to Asia or Oceania; and (3) the purchase was made between January 1, 2000 and December 1, 2016. A more complete description of eligibility requirements is available at the website or by calling the toll-free number.

The Settling Defendants have agreed to pay $49,900,000 (the "Settlement Fund"), plus an additional $750,000 to help pay a portion of the cost of notice and administration of these Settlements. Money will not be distributed yet, and will be distributed pursuant to a Plan of Allocation approved by the Court. However, based on the claims that have already been filed, it is estimated that the average payment could be in the range of $8.50 per eligible ticket claimed. This does not include amounts that will be paid on any future settlement or judgment involving ANA. Claims from the earlier round of settlements have not yet been audited. As a result, the number of claimed tickets that are determined to be eligible may be reduced, and the corresponding amount of compensation to be allocated among the remaining eligible claims will increase. Additional information is available on the website below. Class Counsel will pursue the lawsuit against the Non-Settling Defendant.

Class Counsel have not requested attorneys' fees and reimbursement of costs at this time but will do so in connection with the final approval hearing. For the current Settlements, Class Counsel will request up to one-third of the Settlement Fund as attorneys' fees, plus expenses and up to $7,500 for one class representative that has not previously been compensated for her service.

Important Dates:

Class Members must submit a Claim Form online or by mail to get money. The deadline to submit a Claim Form is December 31, 2018. Class Members who do nothing will be bound by the Court's decisions and will get no money. If Class Members want to keep their right to sue the Settling Defendants and get no money, they must exclude themselves from the classes by August 30, 2018. If they stay in the classes, they may object to the Settlements by August 30, 2018. The detailed notice (available at the website) describes how Class Members can exclude themselves or object. The Court will hold a hearing on September 14, 2018 to consider whether to approve the Settlements. Class Members or their own lawyers may appear at the hearing at their own expense, but they do not have to attend.

(Source: Cotchett, Pitre & McCarthy LLP and Hausfeld, LLP news release)

FMI: www.AirlineSettlement.com

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