COURT ORDERS DISTRIBUTION OF LUFTHANSA FUND:
$85 MILLION

The United States Court of Appeals for the Second Circuit dismissed an appeal on an Order granting final approval for distribution of approximately $85 million currently held in the Lufthansa Settlement Fund. The Court issued a Mandate on April 28, 2010, dismissing the appeal. This Fund is connected to the lawsuit against several air carriers which were sued in U.S. district court, based upon allegations that they engaged in prohibited price fixing for transportation of air freight. The Administrator for the Fund has informed us that claimants will begin to receive monies from the Fund within a year (and possibly sooner).

The Lufthansa Settlement Fund will be shared among a wide variety of parties.  Any party (including air freight forwarders as well as shippers) which purchased air freight services – either directly from air carriers, or indirectly (for example, using a freight forwarder) – to, from, or within the United States during the period January 1, 2000 through September 11, 2006 is eligible to share in the Lufthansa Settlement Fund.  Both foreign and U.S. claimants who purchased air freight services from any air carrier to, from, or within the United States during the specified period are eligible to share in the Lufthansa Settlement Fund, and possibly other funds if other carriers also settle.

Although the official deadline for filing claims against the Fund has passed, the administrator is still accepting late-filed claims. If you have not already filed a claim against the Fund, your company may still do us with the expectation that the late-filed claim might be accepted. This is to be determined later. Moreover, given the ongoing governmental investigations involving other air carrier defendants, and the significant resources required to defend against the litigation brought by private plaintiffs, we believe that other air carriers may also settle.  Putting together the data to claim against the Lufthansa Settlement Fund now will give you an edge when participating in any future settlements. In addition, since the period of time in question is January 1, 2000 through September 11, 2006, examining and preserving the required data now will ensure that complete, fully supportable claims can be filed.  Rodriguez O’Donnell has filed claims against the Lufthansa Settlement Fund on behalf of a wide variety of clients. We have established relationships with the various parties involved in this process, and are familiar with the “dynamics” of the distribution process.

Editor: Carlos Rodriguez, Esq.
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