Federal Judge Grants Class Certification in Air Cargo Antitrust Class Action

Jul 13, 2015, 16:20 ET from Kaplan Fox & Kilsheimer LLP

NEW YORK, July 13, 2015 /PRNewswire/ -- On July 10, 2015, the Honorable John Gleeson of the United States District Court for the Eastern District of New York granted Plaintiffs' Motion for Class Certification in In re Air Cargo Shipping Services Antirust Litigation, No. 06-MD-1775 (E.D.N.Y.). The court also appointed Kaplan Fox & Kilsheimer LLP as one of four co-lead law firms.

The ruling capped over three years of court battles to determine whether the class should be certified. Plaintiffs filed their motion for class certification in October 2011. In October 2013 there was a three-day class certification evidentiary hearing, including 20 hours of expert testimony before Magistrate Judge Viktor V. Pohorelsky. Kaplan Fox's Gregory K. Arenson handled the examination of three of the four testifying experts at the hearing. On October 15, 2014, Judge Pohorelsky issued a 114-page Report and Recommendation ("R&R") in which he recommended that plaintiffs' motion for class certification be granted and certain portions of defendants' experts' testimony be excluded. Defendants filed their objections to the R&R before Judge Gleeson.

In his ruling on Friday, Judge Gleeson found "no merit to the objections [to] Judge Pohorelsky's thorough and well-reasoned Report and Recommendations" and adopted the R&R in its entirety.

To date, plaintiffs have entered into settlements totaling over $1 billion with many of the original defendants. This litigation is still pending against four defendant groups, including Air China Ltd. and Air China Cargo Co. Ltd., Air India Ltd., Air New Zealand Ltd., and Polar Air Cargo Worldwide, Inc., Polar Air Cargo, LLC, and Atlas Air Worldwide Holdings, Inc.

You may contact the following Kaplan Fox attorneys about the case and the settlement at (212) 687-1980:

Robert N. Kaplan:  rkaplan@kaplanfox.com 
Gregory K. Arenson: garenson@kaplanfox.com


SOURCE Kaplan Fox & Kilsheimer LLP