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US Glass - April 2008 - USGlass Magazine

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Legislation&Legal<br />

Plaintiffs Move to Consolidate<br />

Price-Fixing Suits<br />

The plaintiffs in a class-action<br />

price-fixing suit have filed a<br />

motion requesting that all<br />

pending and later-filed anti-trust actions<br />

relating to a conspiracy to fix<br />

prices in the flat glass market be consolidated<br />

in the U.S. District Court for<br />

the Eastern District of Pennsylvania.<br />

The motion was filed by counsel for<br />

Draper’s Auto <strong>Glass</strong>, Jackson <strong>Glass</strong> Co.<br />

Inc. and Colonial <strong>Glass</strong> Solutions in<br />

the U.S. District Court for the Eastern<br />

District of Pennsylvania in February<br />

before the Judicial Panel on Multidistrict<br />

Litigation (see February <strong>2008</strong><br />

<strong>US</strong><strong>Glass</strong>, page 30, for related story).<br />

The plaintiffs claim that the Pennsylvania<br />

court is the most appropriate<br />

forum for coordination and consolidation<br />

of the actions as three of the<br />

pending cases were filed there, and<br />

the suit filed by Draper et al was the<br />

first of all the cases filed. Likewise,<br />

they argue that because<br />

one of the defendants, PPG Industries<br />

Inc., is located in<br />

close proximity to the<br />

court, it is a “locus of<br />

witnesses and relevant<br />

evidence.”<br />

<br />

<br />

<br />

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diagrams when required.<br />

Finally, the claimants<br />

allege that this action<br />

is sensible as several<br />

of the defendants,<br />

which include Nippon<br />

Sheet <strong>Glass</strong>, Saint-Gobain,<br />

Asahi <strong>Glass</strong> Co. and Guardian<br />

Industries, have international offices,<br />

Philadelphia is a central location with<br />

an international airport, making it<br />

convenient for all parties.<br />

On February 21, the plaintiffs voluntarily<br />

dismissed Pilkington plc from the<br />

case, which originally was filed in early<br />

December. ■<br />

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......................................................................................................<br />

22 <strong>US</strong><strong>Glass</strong>, Metal & Glazing | <strong>April</strong> <strong>2008</strong> www.usglassmag.com

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