ANOTHER OPPORTUNITY TO SHARE IN AIR CARGO LITIGATION:
$87 MILLION AIR FRANCE/KLM SETTLEMENT FUND

Air France, KLM, and Martinair (“Air France/KLM”) have reached an $87 million settlement agreement with the plaintiffs in the air cargo antitrust litigation currently pending in the U.S. courts.  This settlement agreement is in addition to the $85 Lufthansa settlement in that same case, and it provides a significant new way for claimants to share in the air cargo antitrust recovery – including those claimants who have not yet filed against the Lufthansa Settlement Fund.

 The $87 million Air France/KLM Settlement Fund will be available to satisfy claims for those who directly purchased airfreight shipping services to, from, or within the United States from January 1, 2000 through September 11, 2006.  Any party (including air freight forwarders as well as shippers) making a claim against the Settlement Fund need not have purchased airfreight shipping services from Air France/KLM; rather, claimants need only have purchased airfreight shipping services to, from or within the United States from any defendant named in the U.S. air cargo antitrust litigation. However, only those who purchased such airfreight shipping services directly from the air carriers are eligible to file claims against the Air France/KLM Settlement Fund; unlike the Lufthansa Settlement Fund, indirect purchasers are not included.

A number of steps must be concluded before monies may be distributed from the Air France/KLM Settlement Fund, including court approval of the Settlement Agreement establishing the Fund; the opportunity for objections to the Settlement Agreement to be heard; and the establishment of procedures and deadlines to claim against the Fund.  Nevertheless, we believe that it is important for those who intend to claim against the Fund to begin to gather the necessary data regarding airfreight shipping services purchased during the relevant period as soon as possible, especially in light of the fact that additional settlements with additional air carrier defendants (which will likely call for the same data) are very likely to be reached.

Rodriguez O’Donnell has extensive experience in successful filing of such claims.  Please do not hesitate to contact us if you would like our assistance in this matter.

Contact: Carlos Rodriguez  rodriguez@rorlaw.com; Tom O'Donnell  todonnell@chicago.rorlaw.com;
Henry Gonzalez gonzalez@rorlaw.com; Kevin Williams  kwilliams@chicago.rorlaw.com