In re Cuisinart Food Processor Antitrust Litigation

Archer, Blum, Cohn, and Eisenberger (plaintiffs) sued Cuisinarts, Inc., Carl G. Sontheimer, Shirley M. Sontheimer, and Federated Department Stores, Inc. (defendants) for antitrust violations on behalf of purchasers of Cuisinart food processors between January 1, 1973 and December 31, 1981 in the United States District Court for the District of Connecticut. The state attorneys general of Massachusetts and New Jersey also filed parens patriae actions related to the same violations. The defendants are accused of colluding to fix and raise prices on Cuisinart food processors, which they deny. The plaintiffs requested certification of a class. The defendants moved to dismiss the claims of all plaintiffs who bought food processors before September 17, 1976. Those motions had not been ruled on when the parties entered settlement negotiations. This notice sets forth the terms of the settlement proposal. All members of the class will receive one transferable coupon for 50 percent off a Cuisinart product. The coupon may not be used on purchases for resale. The defendants placed $775,000 into escrow accounts for the payment of attorneys’ fees and expenses in the actions. Class members must release all claims and are enjoined from pursuing further action against the defendants in the matter. Class members may opt out of the class by filing written notice to the Clerk of the Court; those members will then be free to participate in other ongoing actions or pursue their own claims. The settlement, if approved by the court, will be binding on all class members who do not opt out in writing. Class members may appear in person or by attorney and present objections at the settlement hearing. Any objections not presented in the manner described in the settlement proposal will be waived. Instructions and forms for filing a claim are attached to the proposal.