Ontario Hearing Notice – Canadian Linear Resistors Class Actions
LEGAL NOTICE AUTHORIZED BY THE ONTARIO SUPERIOR COURT OF JUSTICE, THE SUPREME COURT OF BRITISH COLUMBIA AND THE SUPERIOR COURT OF QUÉBEC
CANADIAN LINEAR RESISTORS CLASS ACTIONS
Did you purchase linear resistors or an electronic device containing linear resistors between July 9, 2003 and September 14, 2015? If so, your legal rights could be affected.
WHAT IS THE CLASS ACTION ABOUT?
A “linear resistor” is an electronic component used to regulate the current in an electrical circuit. Linear resistors are found in electronics like computers, smartphones, gaming consoles, home appliances and televisions, among other products.
Class proceedings have been initiated on behalf of persons or entities in Canada who purchased linear resistors or products containing linear resistors between July 9, 2003 and September 14, 2015 (the “Settlement Class Members”). Among other allegations, the proceedings allege that the defendants participated in an unlawful conspiracy to fix, raise, maintain, or stabilize the price of linear resistors in Canada (the “Class Actions”).
Settlements were reached with the following defendants:
- Rohm Co. Ltd. and Rohm Semiconductor U.S.A., LLC (collectively “ROHM”) – CAD $1,550,000.
- Hokuriku Electric Industry Co. and HDK America Inc. (collectively “HDK”) – CAD $910,750.
ROHM and HDK also agreed to provide meaningful co- operation to the plaintiffs in pursuing their claims against the non-settling defendants. In exchange, for the settlement amount and other consideration, ROHM and HDK will be provided with a full release of the claims against them in relation to the Class Actions.
The settlements are not an admission of liability, fault, or wrongdoing, but are a compromise of disputed claims.
Two prior settlements, totalling CAD $3,120,000, have been reached with the Panasonic and Kamaya defendants. These settlements were approved by previous orders of the Courts.
SETTLEMENT APPROVAL HEARINGS
The settlements must be approved by the Ontario, British Columbia and/or Québec Courts before they become effective. At the settlement approval hearings, the courts will determine whether the settlements are fair, reasonable, and in the best interest of Settlement Class Members.
Hearings seeking approval of the settlements are to take place at:
- the Ontario Superior Court of Justice on July 5, 2023 at 10:00am by virtual hearing;
- the British Columbia Supreme Court on August 25, 2023 at 9:00am, in-person at 800 Smithe Street, Vancouver, BC V6Z 2E1 (ROHM only); and
- the Superior Court of Québec on June 6, 2023 at 9:30am at 1, rue Notre-Dame Est, Montréal, Québec, Room 16.06, and by virtual hearing
If you wish to comment on or object to the settlement agreements or the fee request of Class Counsel, you must deliver a written submission to Foreman & Company, 4 Covent Market Place, London ON N6A 1E2, or by e-mail to cl**********@fo************.com, by June 2, 2023 at the latest. The lawyers will forward any submissions to the courts.
If you want to attend the settlement approval hearing, contact Class Counsel for instructions on how to join the hearing.
DISTRIBUTION OF SETTLEMENT FUNDS
The settlement amounts, minus class counsel fees, disbursements, and applicable taxes, will be held in an interest-bearing trust account for the benefit of the Settlement Class Members in the Class Actions (the “Settlement Funds”).
As the Class Actions remain ongoing and as further recoveries may be achieved, the Settlement Funds will not be distributed to Settlement Class Members at this time. At a future time, the Courts will approve a process for the payment of claims to Settlement Class Members. A further notice will be provided at the time of distribution.
The lawyers working on the Class Actions will be requesting Court approval of fees of 25% of the settlement amounts plus disbursements and applicable taxes. If approved, this amount will be paid to the lawyers out of the Settlement Funds. The lawyers reserve their rights to seek approval of additional fees of up to 30% of the settlement amounts at a future time. That request would be subject to Court approval.
OPTING OUT OF THE PROCEEDINGS
The Court-ordered deadline for class members to opt out of the Class Actions was January 29, 2021. If you did not previously opt out, you are legally bound by the results of the Class Actions, including the ROHM and HDK settlements.
YOU ARE REPRESENTED BY:
Foreman & Company and Siskinds LLP (Canada Settlement Class Members except QC and BC): Toll free
at 1-855-814-4575 ext. 106 or email: cl**********@fo************.com
Belleau Lapointe, s.e.n.c.r.l. (QC Settlement Members): Toll free at 1-888-987-6701 or email: in**@be*************.com
Camp Fiorante Matthews Mogerman LLP (BC Settlement Class Members): Toll free at 1-800-689-2322 or email: in**@cf********.ca
For more information, please review the long-form notice available at https://www.foremancompany.com/linear-resistors.