October 15, 2014: In a model of judicial reasoning, Magistrate Judge Viktor V. Pohorelsky today issued a 112-page decision in In Re Air Cargo Shipping Services Antitrust Litigation, Case No. 06-MD-1175 (JG) (VVP) (E.D.N.Y.), recommending that the Court grant the plaintiffs' motion for class certification and appoint Hausfeld and three other law firms as class counsel.
"Class certification will allow hundreds of thousands of claims to be resolved adequately, efficiently, and fairly," Judge Pohorelsky wrote. Elsewhere, Judge Pohorelsky observed that "plaintiffs have submitted a trove of direct and circumstantial evidence that strongly suggests the existence of an agreement among the defendants to fix prices," amounting to "compelling common evidence of a global conspiracy."
Co-Lead Class Counsel Michael Hausfeld (Chairman, Hausfeld) stated: "This well-reasoned opinion on class certification, including a rigorous analysis of the facts and economics at issue, stands in stark contrast to predictions that the Supreme Court's decision in Comcast would be the death knell of class certification." Mr. Hausfeld added that "this decision is a testament to the brilliant skills of Brent Landau, who was a principal driving force behind the plaintiffs' briefs and arguments."
"We are pleased with the decision from Judge Pohorelsky, which demonstrates a deep understanding of the facts of this case and why class treatment is particularly suitable here," said Hausfeld Partner Brent Landau, who delivered the opening statement and the closing argument at the multi-day class certification hearing. "Today's result is an important step forward for the class members seeking compensation for the damage caused by this seven-year cartel," Landau added.
This significant victory comes on the heels of yesterday's announcement that Asiana Airlines has agreed to pay $55 million to direct purchasers of air cargo shipping services in order to bow out of the litigation. In all, twenty-five defendants have settled for over $900 million.
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