If you worked at Knorr, Wabtec, Faiveley, Railroad Controls, Xorail, or New York Air Brake during the time periods below, you could get money from class action settlements.

Your rights may be affected.  Take action by June 17, 2020.

A federal court authorized this notice.  This is not an advertisement or solicitation.

Update: The Class payments are expected to occur by mid- December 2020.

What is this about? 

Settlements totaling $48.95 million have been reached with Knorr-Bremse AG, New York Air Brake LLC, Knorr Brake Company LLC, Bendix Commercial Vehicle Systems LLC (together “Knorr”), Westinghouse Air Brake Technologies Corporation, Wabtec Railway Electronics, Inc., Railroad Controls, L.P., Xorail Inc., Faiveley Transport, S.A., Faiveley Transport North America Inc. (together “Wabtec”) (Knorr and Wabtec together, the “Defendants”), in a class action lawsuit alleging they had agreed not to compete for, hire, recruit, or poach one another’s employees.  The Defendants deny they did anything wrong.  The Court did not decide in favor of Plaintiffs, the Class, or Defendants.  Instead, the parties settled the case to avoid the costs and risks of continuing the lawsuit.   You may review the complaint and documents concerning the Settlements on the Case Documents page.  

Who is included in the Settlement Class? 

You are included in the settlements as a “Class Member” if you held an eligible job title and were employed in the United States by one or more of the following:

a)      from January 1, 2009 through April 3, 2018, Westinghouse Air Brake Technologies Corporation or its subsidiaries, including Wabtec Railway Electronics, Inc., Railroad Controls, L.P., and Xorail Inc.;

b)      from January 1, 2009 through April 3, 2018, Knorr Brake Company LLC or New York Air Brake LLC; or

c)      from June 1, 2010 through April 3, 2018, Faiveley Transport, S.A. or Faiveley Transport North America Inc. (the “Settlement Class”). 

Individuals who did not work for one of the companies named above are not Class Members.

To view the Eligible Job Titles in the Settlement Class, click here.  For more information, click here.

Do I need to do anything to receive money?

It depends.  You are not required to submit a claim form if you held an eligible job title and worked for (1) Knorr Brake Company between January 1, 2011 and April 3, 2018 or New York Air Brake LLC between January 1, 2009 and April 3, 2018; (2) a Faiveley company between November 1, 2016 and April 3, 2018; or (3) a Wabtec company between January 1, 2016 and April 3, 2018.  If you fall into those categories and held an eligible job title, you will automatically receive a payment without completing a claim form.

However, you must file a claim by June 17, 2020 to receive your share if you worked for (1) Knorr Brake Company at any time between January 1, 2009 and December 31, 2010 but not thereafter; (2) a Faiveley company at any time between June 1, 2010 and October 31, 2016 but not thereafter; or (3) a Wabtec company at any time from January 1, 2009 to December 31, 2015 but not thereafter.

If you have questions or are unsure whether you are required to file a claim, please call the Settlement Administrator at 1-866-544-7047.

What if I want to exclude myself from the Settlement?

You must must have made a timely request to exclude yourself by June 17, 2020 if you did not wish to partake in the Settlements and wanted to preserve your right to sue the Defendants for the claims alleged in this case.  Please click here for more information on excluding yourself.

What happens next? 

The Court held a Fairness Hearing in this case (In re Railway Industry Employee No-Poach Antitrust Litigation, MDL No. 2850) at 1:30 p.m. on August 26, 2020 at the United States District Court for the Western District of Pennsylvania, 700 Grant Street, Pittsburgh, PA 15219, in Courtroom 5A.  At this hearing the Court considered whether to approve each settlement as fair, reasonable, and adequate, as well as Class Counsel’s request for attorneys’ fees (up to 1/3 of the Settlement Fund), expenses (approximately $715,000), notice administrator expenses (approximately $105,000), and $15,000 service awards to each of the five Class Representatives. You may view the Court's Orders on this website. The Class payments are expected to be issued by late November 2020.

ELIGIBLE CLASS MEMBERS’ LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENTS

 

FILE A CLAIM (For Class Members Whose Records Do Not Indicate Whether They Held An Eligible Job Title)

Remain in the Class, release your antitrust claims against Knorr, Wabtec, and their related entities and persons as defined in the Settlement Agreements, and receive your share of the settlements in the form of a cash payment mailed to you.  The deadline to respond was June 17, 2020.

 

 DO NOTHING (For Class Members Whose Records Indicate They Held an Eligible Job Title)

Remain in the Class and receive your share of the settlements in the form of a cash payment mailed to you if you held an Eligible Job Title, and release your antitrust claims against Knorr and Wabtec.  However, you will not receive any share of the settlements if you are a Class Member whose record does not indicate whether you held an Eligible Job Title.

 

EXCLUDE YOURSELF

Get no payment, exclude yourself from the Class, and preserve your ability to file suit over the antitrust claims at issue in this action against Defendants and at your own expense.  The deadline to exclude yourself was June 17, 2020.

OBJECT

You have a right to stay in the Class and argue to the Court that either settlement should not be approved.  The deadline to object was June 17, 2020.

  

GO TO A HEARING

The hearing was held at 1:30 p.m. on August 26, 2020 at the United States District Court for the Western District of Pennsylvania, 700 Grant Street, Pittsburgh, PA 15219, in Courtroom 5A.


I still have questions.

You can contact the Settlement Administrator at 1-866-544-7047 or Class Counsel using the information below:

Dean Harvey
LIEFF CABRASER HEIMANN
& BERNSTEIN, LLP

275 Battery Street, 29th Floor

San Francisco, CA 94111

Telephone: (415) 956-1000

Facsimile: (415) 956-1008

Email: dharvey@lchb.com

Roberta D. Liebenberg

FINE, KAPLAN, AND BLACK, R.P.C.

One South Broad Street, Suite 2300

Philadelphia, PA  19107

Telephone:  (215) 567-6565

Facsimile:  (215) 568-5872

Email: Roberta D. Liebenberg

rliebenberg@finekaplan.com