In re Resistors Antitrust Litigation
Linear Resistors Settlements
Case No. 3:15-cv-03820-JD

Frequently Asked Questions

 

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  • If you received a Notice Package regarding the Settlements, records indicate you were a United States purchaser of linear resistors from July 9, 2003 through August 1, 2014 and may be a Class Member affected by the Settlements. The Notice is to inform you about Settlements reached in this litigation before the Court decides whether to grant final approval. The Notice explains the litigation, the Settlements, and your legal rights.

    The Court in charge of the case is the United States District Court for the Northern District of California. The lawsuit is known as In re Resistors Antitrust Litigation, No. 3:15-cv-03820-JD. The company who sued is called the "Plaintiff." The companies it sued are called the "Defendants."

  • Resistors are electrical components that limit or regulate the flow of electrical current in an electronic circuit. Resistors can also be used to provide a specific voltage for an active device such as a transistor. The resistance is the measure of opposition to the flow of current in a resistor. More resistance means more opposition to current. Resistors are a fundamental component of electrical circuits used in electronic devices such as televisions, cell phones, computers, and kitchen equipment. Many such devices will contain multiple – sometimes hundreds – of resistors per device.

    Linear resistors consist of fixed and variable resistors and can be created in a variety of ways including the carbon-composition resistor and thick and thin film resistors. Many manufacturers manufacture multiple different types of linear resistors. Generally, linear resistors are most commonly used in consumer electronics such as computers and audio/visual devices.

    The Plaintiff alleged that Settling Defendants participated in an unlawful conspiracy to raise, fix, maintain, or stabilize the price of linear resistors at artificially high levels in violation of Section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1 et seq. The Settling Defendants deny the Plaintiff’s allegations. The Court has not decided who is right.

  • In a class action, one or more people called "Class Representatives" sue on behalf of themselves and other people with similar claims in the specific class action. All of these people together are the "Class" or "Class Members." In a class action, one court may resolve the issues for all Class Members except for those who exclude themselves from the Class.

  • The Court has not decided in favor of the Plaintiff or Defendants. Instead, both sides have agreed to Settlements to avoid the costs and risks of a lengthy trial and appeals process. The Class Representative has concluded that the Settlements with the Defendants are fair, reasonable, and adequate and in the best interests of the Class Members.

  • To see if you will get money from these Settlements, you first have to decide if you are a Class Member.

  • The Class for the Settlements has been defined as all persons in the United States who purchased linear resistors (including through controlled subsidiaries, agents, affiliates, or joint ventures) directly from any of the Defendants, their subsidiaries, agents, affiliates, or joint ventures from July 9, 2003 through August 1, 2014 (the “Class Period").

  • The Settlements do not include non-linear resistors.  A non-linear resistor is a resistor whose current does not change linearly with changes in applied voltage.  Also excluded are the Defendants' past and present, direct and indirect parents, members, subsidiaries, and affiliates, and their respective past and present officers, directors, employees, managers, members, partners, agents, attorneys and legal representatives, assigns, servants, and representatives, and the predecessors, successors, heirs, executors, administrators, and assigns as well as all judges assigned to the litigation including their staff. 

  • More details regarding the Settlements are set forth in the Settlement Agreements available here.  If you are still not sure whether you are a Class Member in the Settlements, you may contact the Settlement Administrator by phone toll-free at 1-888-337-8772.

  • The combined Settlement Fund from the Settlements is $50,250,000.  After deduction of attorneys' fees and expenses, an incentive payment for the Class Representative in an amount up to $25,000, a maximum of $1,250,000 notice and Settlement administration costs, as approved by the Court, the remaining Settlement Fund will be available for distribution to Class Members of the Settlements who agree with the purchase information provided on the Claim Form Class Members received by mail or who submitted a timely and valid Claim Form and who also did not exclude themselves from the Settlements.

    More details about the Settlements are set forth in the Settlement Agreements available here.

  • At this time, it is unknown how much each Class Member who agrees with the purchase information provided on the Claim Form Class Members received by mail or who submitted a timely and valid Claim Form will receive from the Settlements. Payments from the Settlements will be based on a number of factors, including the number of Class Members who submitted a timely and valid exclusion from the Settlements. No matter how many claims are filed, no money will be returned to the Defendants once the Court grants final approval of the Settlements and certifies the Settlement Class.

    Payments from the Settlements will only be made to Class Members: (1) if the Court grants final approval of the Settlements and any objections and appeals are resolved; and (2) in accordance with the Settlement Agreements, the combined Settlement Fund, minus Court-approved attorneys’ fees and expenses, any Class Representative Service Award approved by the Court, and Settlement Administration and notice expenses (the “Net Settlement Fund”), will be distributed to Class Members. The distribution plan, as approved by the Court, will determine the amount, if any, that each Class Member will receive. The proposed distribution plan for the Settlements is to make a pro rata distribution to each Class Member based on the dollar value of approved purchases of linear resistors per Class Member during the Settlement Class Period.

  • If you agree with the purchase information provided on the pre-printed Claim Form Class Members received by mail, you do not need to do anything to receive a payment from the Settlements. Your payment will be automatically mailed to you using the most recent address information available from Defendants as well as other available sources of information if the Court grants final approval of the Settlements and any objections and appeals are resolved.

    If you disagree with the purchase information provided on the pre-printed Claim Form, or if you did not receive a Settlement Notice packet but believe you are a Class Member, you were required to complete and submit a Claim Form with a postmark on or before August 14, 2019 in order to receive a payment.  The deadline to submit a Claim Form has passed.

  • Payments from the Settlements will not be distributed until the Court grants final approval of the Settlements and any objections or appeals are resolved. It is uncertain whether and when any appeals will be resolved. Settlement updates will be provided on the Settlement Website or may be obtained by contacting the Settlement Administrator by phone toll-free at 1-888-337-8772. Please be patient.

  • If you remain a Class Member in the Settlements, you will give up your right to sue the Defendants on your own for the claims described in the Settlement Agreements unless you exclude yourself from the Settlement Class. You will also be bound by any decisions by the Court relating to the Settlements. In return for paying the Settlement Amounts and providing the nonmonetary benefits, the Defendants will be released from claims relating to the alleged conduct related to the linear resistors identified in the Settlement Agreements.

    The Settlement Agreements describe the released claims in further detail. Read the Settlement Agreements carefully since those releases will be binding on you as a Class Member if the Court grants final approval of the Settlements. If you have any questions, you can talk with Class Counsel free of charge or you may talk with your own lawyer (at your own expense). The Settlement Agreements and releases are available here.

  • If you don’t want a payment from the Settlements, but you want to keep the right to sue or continue to sue the Defendants, then you must take steps to get out of the Settlement Class. This is called asking to be excluded from or “opting out” of the Settlement Class.

  • The deadline to exclude yourself from the Settlements was July 15, 2019 and has passed.

  • No. Unless you excluded yourself from the Settlements, you give up any right to sue the Defendants for all claims being released in In re Resistors Antitrust Litigation – Direct Purchaser Actions, No. 3:15-cv-03820-JD.

    If you have a pending lawsuit against any of the Defendants, speak to your lawyer in that lawsuit immediately, because you may have needed to exclude yourself from the Settlements to continue your own lawsuit.

  • No. If you excluded yourself from the Settlements, you will not receive a payment from the Settlements but you keep your legal rights to sue the Defendants.

  • The Court has appointed the following lawyers to represent Class Members of the Settlements:

    Hagens Berman Sobol Shapiro LLP
    715 Hearst Avenue, Suite 202
    Berkeley, CA 94710
    Phone: (510) 725-3000
    Email: resistors@hbsslaw.com

    Cohen Milstein Sellers & Toll PLLC
    1100 New York Ave. NW, Suite 500, West Tower
    Washington, DC 20005
    Phone: (202) 408-4600
    Email: resistors@cohenmilstein.com

    You will not be charged for contacting these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

  • At the Fairness Hearing, Class Counsel will ask the Court for payment of attorneys’ fees up to 20% of the combined Settlement Fund based on their services in this litigation and will ask to be reimbursed for certain expenses already incurred on behalf of the Settlement Class. Any payment to the attorneys will be subject to Court approval and the Court may award less than the amount requested. Any attorneys’ fees and expenses that the Court orders, plus the Settlement Administration and Notice costs as well as the Class Representative Service Award, will come out of the combined Settlement Fund.

    When Class Counsel’s motion for attorneys’ fees and expenses is filed, it will be available here. The motion will be posted on the website by June 10, 2019. You will have an opportunity to comment on this request.

  • The deadline to object to the Settlements was July 15, 2019 and has passed.

  • If you excluded yourself from the Settlements, you are telling the Court that you do not want to participate in the Settlements. Therefore, you will not be eligible to receive any benefits from the Settlements and you will not be able to object to the Settlements, as they will no longer apply to you.

    By objecting to the Settlements, you are telling the Court that you do not like something about the Settlements. Objecting does not make you ineligible to receive a payment from the Settlements.

  • The Court will hold a Fairness Hearing to decide whether to approve the Settlements and any requests by Class Counsel for fees and expenses.  You may attend and you may ask to speak but you are not required to do so.

  • The Court will hold a Fairness Hearing on September 5, 2019 at 10:00 a.m.at the United States District Court, Northern District of California, 450 Golden Gate Avenue, Courtroom 11, 19th Floor, San Francisco, CA 94102.

    The hearing may be moved to a different date or time without additional notice. You should check the Court’s PACER site, http://cand.uscourts.gov/cm-ecf or check with the Settlement Administrator here or 1-888-337-8772 to confirm that the date has not been changed. At this hearing, the Court will consider whether the Settlements are fair, reasonable, and adequate. If there are objections or comments, the Court will consider them at that time and may listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel and whether to reimburse Class Counsel for certain expenses and whether to approve the Class Representative Service Award. The Court will decide whether to approve the Settlements at the hearing or sometime after.

  • No. Class Counsel will answer any questions the Court may have at the Fairness Hearing but you may attend at your own expense. If you sent an objection or comment to the Settlements, you do not have to come to Court to talk about it. As long as you filed or mailed your written objection on time, the Court will consider it. You may also hire your own lawyer at your own expense to attend on your behalf, but you are not required to do so.

  • If you sent an objection or comment on the Settlements, you may have the right to speak at the Fairness Hearing as determined by the Court. You cannot speak at the Fairness Hearing if you excluded yourself from the Settlements.

  • If you do nothing and the Settlements receive final approval from the Court, you will receive a payment from the Settlements if you agree with the purchase information provided on the pre-printed Claim Form and you will be bound by the Court’s Final Judgment and release of claims detailed in the Settlement Agreements.

    If you (1) disagree with the purchase information provided on the pre-printed Claim Form, or (2) did not receive a Notice and pre-printed Claim Form by mail and believe you are a Class Member in the Settlements, you were required to complete a Claim Form and provide supporting documentation (e.g., invoices, purchase records, etc.) in order to be eligible to receive a payment. 

    To be valid and timely, your Settlement Claim Form needed to be postmarked no later than August 14, 2019. The deadline to submit a Claim Form has passed.

  • This website summarizes the Settlements. More details are provided in the Settlement Agreements. You can get copies of the Settlement Agreements and obtain more information about the Settlements on the Settlement Website. You also may write with questions to Linear Resistors Settlements, c/o JND Legal Administration, P.O. Box 91309, Seattle, WA 98111 or call toll-free 1-888-337-8772.

    For a more detailed statement of the matters involved in the lawsuit or the Settlements, you may refer to the papers filed in this case during regular business hours at the office of the Clerk of the Court, United States District Court for the Northern District of California at the Phillip Burton Federal Building, 450 Golden Gate Avenue in San Francisco, California, 94102, File: In re Resistors Antitrust Litigation, Case No. 3:15-cv-03820, or by accessing the Court docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov.

    PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK'S OFFICE TO INQUIRE ABOUT THESE SETTLEMENTS OR THE CLAIM PROCESS.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Linear Resistors Settlements
c/o JND Legal Administration
PO Box 91309
Seattle, WA 98111