US Glass - April 2008 - USGlass Magazine
US Glass - April 2008 - USGlass Magazine
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 />
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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