FAQs
- What is this website about?
- Why is this a class action, and who is involved?
- Why are there settlements?
- Who is included as part of the Settlement Class?
- I’m still not sure if I am included.
- Does it make a difference whether I worked for Wabtec, Knorr, or Faiveley?
- What do the settlements provide?
- How can I get a payment?
- How much will Class Members receive?
- When will Class Members receive payments?
- What am I giving up as part of the settlements?
- How do I exclude myself from the Class and the settlements?
- If I don’t exclude myself, can I sue Knorr and Wabtec for the same thing later?
- If I exclude myself, can I get money from this case?
- Who represents the Class Members in this case?
- Should I get my own lawyer?
- How will the lawyers be paid?
- Can I object to the settlements?
- What’s the difference between objecting to a settlement and excluding yourself from the class?
- When and where will the Court decide whether to approve the settlements?
- Do I have to come to the hearing?
- May I speak at the hearing?
- What happens if I do nothing at all?
- Are more details about the lawsuit available?
- How do I get more information?
- The Class Member is deceased; what happens to their payment?
- If I worked for a subsidiary of Wabtec or Knorr that was not named as a Defendant in the lawsuit, am I a member of the Settlement Class?
- What is this website about?
This website was created to provide information about a class action lawsuit to class members whose rights may be affected. Class members may need to take action before June 17, 2020 to receive payment or opt-out to preserve their right to sue the Defendants.
The class action lawsuit is pending in the United States District Court for the Western District of Pennsylvania, and is entitled In re Railway Industry Employee No-Poach Antitrust Litigation, MDL No. 2850.
The individuals who filed the lawsuit are called the Plaintiffs. The entities and persons they sued are called Defendants, and they include Westinghouse Air Brake Technologies Corporation, Wabtec Railway Electronics, Inc., Railroad Controls, L.P., Xorail Inc., Faiveley Transport, S.A., Faiveley Transport North America Inc., Knorr-Bremse AG, Knorr Brake Company LLC, New York Air Brake LLC and Bendix Commercial Vehicle Systems, LLC. Wabtec acquired Faiveley and therefore references to “Wabtec” and the “Wabtec Defendants” here include Faiveley.
The lawsuit claims that Wabtec, Knorr, and Faiveley agreed not to compete for, hire, recruit, or poach each other’s employees in violation of antitrust laws. All Defendants denied that they violated any laws or engaged in any wrongdoing. Knorr and Wabtec have both agreed to settle the case at this time, and the Court has determined it is likely to grant final approval of the settlements.
Now you must decide whether you want to participate in the settlement or not.
Top - Why is this a class action, and who is involved?
In a class action lawsuit, one or more people called “Named Plaintiffs” or “Class Representatives” (in this case, Stephen Baldassano, John Brand, David Escalera, Brian Lara, and Patricia Lonergan) sue on behalf of other people who have similar claims. All these people are a “Class” or “Class Members.” A court resolves the issues for all Class Members, except for those who exclude themselves from the Class. United States District Judge Joy Flowers Conti is in charge of this case.
Top - Why are there settlements?
The Court did not decide in favor of Plaintiffs, the Class, or Defendants. The Defendants have already produced tens of thousands of documents and employee compensation data to Plaintiffs. Plaintiffs have consulted experts to analyze the documentation and data to estimate class damages. All Defendants have denied wrongdoing.
Instead of continuing to litigate the case, Plaintiffs and Defendants agreed to settlements. That way, they avoid the cost of further litigation and a trial, the risk to both sides, and Class Members will be guaranteed compensation. The Plaintiffs and their attorneys think the settlements are preferable to the risks, delays, and further costs of litigation.
Top - Who is included as part of 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”).
To view the Eligible Job Titles in the Settlement Class, click here. For more information, click here.
Top - I’m still not sure if I am included.
If you have reviewed the eligibility criteria but are still unsure whether you are in the class, you can ask for free help. Contact us for assistance.
Top - Does it make a difference whether I worked for Wabtec, Knorr, or Faiveley?
No. As long as you fall within the definition of the settlement class, you can receive money from the settlements with Knorr and Wabtec, regardless of whether you worked for Knorr, Wabtec, Faiveley, or more than one.
Top - What do the settlements provide?
Knorr Settlement: Knorr has agreed to pay $12 million into a Settlement Fund to be divided among all Class Members, after costs, attorneys’ fees, administrative costs, and class representative service awards have been deducted.
Wabtec Settlement: Wabtec has agreed to pay $36.95 million into a Settlement Fund to be divided among all Class Members, after costs, attorneys’ fees, administrative costs, and class representative service awards have been deducted.
The settlement payments to class members are subject to tax withholding.
Top - How can I get a payment?
It depends. Some class members will receive payments automatically, without any requirement to take action. This includes people who 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, other class members must file a claim before June 17, 2020 to receive payment. This includes people who held an eligible job title and 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 are required to file a claim, you should have received a mail or e-mail notice with a Claim ID, PIN, and instructions to complete this online claim form.
If you believe you are a class member but did not receive a mail or e-mail notice, please contact us.
Top - How much will Class Members receive?
Eligible Class Members’ share of the fund will depend on how much compensation they received from Wabtec, Faiveley, or Knorr while employed in an Eligible Job Title during the Class Period, in comparison to other Class Members.
Here’s how it works. The Settlement Administrator will first calculate the Net Settlement Fund amount by subtracting any court-approved award of attorneys’ fees and costs, class representative service awards, and notice and settlement administration costs from the total Settlement Fund of $48.95 million ($12 million from the Knorr Settlement and $36.95 million from the Wabtec Settlement). The Net Settlement Fund amount will be shared by all Class Members, with each Class Member’s share calculated by multiplying the Net Settlement Fund by the following ratio:
(Net Settlement Fund Amount) x ((Your Eligible Compensation during the Class Periods)/(Sum of all Compensation during the Class Periods)
By way of example, if the Court awards all forthcoming requests for attorneys’ fees and costs, the Net Settlement Fund will be approximately $31,738,333. The average Class Member received approximately $218,923 in eligible compensation, and the total eligible compensation paid to all Class Members was approximately $2,021,318,312. That fraction, multiplied by the Net Settlement Fund, results in an average settlement payment of $3,437. Class Members who earned more than $218,923 in eligible compensation would receive proportionately more than $3,437 each (before tax deductions), and Class Members who earned less than $218,923 in eligible compensation would receive proportionately less (before tax deductions).
The Settlement Administrator will then issue checks to claimants according to this formula, after tax withholdings. This formula accounts for the fact that Class Members who worked longer or had higher compensation were, proportionally, harmed more than those who worked for a shorter period of time or had lower compensation.
Top - When will Class Members receive payments?
The Court held a Fairness Hearing on August 26, 2020 at 1:30 p.m., to decide whether to approve the settlements. The Court approved the Settlements, and the Orders are posted on the website. The payments were issued on December 30, 2020..
Top - What am I giving up as part of the settlements?
If you are an eligible Class Member and do not exclude yourself from the settlements as described below, you will release and not be able to sue, continue to sue, or be part of any other lawsuit against the Defendants and certain related companies for the claims asserted here. For the full language of the releases, please click here.
Top - How do I exclude myself from the Class and the settlements?
The Exclusion period has passed.
Top - If I don’t exclude myself, can I sue Knorr and Wabtec for the same thing later?
No. If you are a Class Member and do not exclude yourself, you give up the right to sue Knorr and Wabtec and their subsidiaries for the antitrust claims that these settlements resolve. The exclusion deadline is June 17, 2020.
Top - If I exclude myself, can I get money from this case?
No. If you exclude yourself, you will not receive money from these settlements. But you may sue Defendants for the antitrust conduct alleged in this lawsuit at your own expense.
Top - Who represents the Class Members in this case?
The Court appointed the following lawyers as Co-Lead Class Counsel to represent the Class:
Dean Harvey
LIEFF CABRASER HEIMANN
& BERNSTEIN, LLP275 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
These lawyers are called “Co-Lead Class Counsel.” If you want to be represented by your own lawyer, you may hire one at your own expense
Top - Should I get my own lawyer?
You do not need to hire your own lawyer because Co-Lead Class Counsel are working on behalf of Class Members. If you want your own lawyer, you may hire one, but you will be responsible for any payment for that lawyer’s services. For example, you may ask your lawyer to appear in Court for you. You may also appear for yourself without a lawyer.
Top - How will the lawyers be paid?
Co-Lead Class Counsel will ask the Court to approve payment of up to one-third of the combined Settlement Funds to them for attorneys’ fees, approximately $715,000 in expenses Class Counsel already incurred in prosecuting the Class’s claims, the cost of notice and settlement administration (approximately $105,000), and payment of $15,000 to each of the five named plaintiffs for their services as Class Representatives in this case. The fees would pay Class Counsel for investigating the facts and litigating the case. The Court may award less than these amounts. These amounts will reduce the $48.95 million Settlement Fund. Knorr and Wabtec have agreed not to oppose these fees and expenses.
Top - Can I object to the settlements?
The objection period has passed.
Top - What’s the difference between objecting to a settlement and excluding yourself from the class?
Objecting is simply telling the Court you don’t like a settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you, and you will not receive any payment from the settlements.
Top - When and where will the Court decide whether to approve the settlements?
The Court held a Fairness Hearing 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. The Court approved the Settlements.
Top - Do I have to come to the hearing?
No. Co-Lead Class Counsel will answer questions Judge Conti may have. But, you are welcome to come. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also hire your own lawyer to attend, but it is not necessary.
Top - May I speak at the hearing?
The hearing took place on August 26, 2020.
Top - What happens if I do nothing at all?
It depends, if you do nothing and you held an Eligible Job Title during the Class Period but are required to file a claim, you will not receive a payment and you will release your antitrust claims against Knorr, Wabtec, and their subsidiaries, as described above.
However, if you do nothing and held an Eligible Job Title and are not required to file a claim, you will automatically receive a payment and release your antitrust claims, unless you take timely action to exclude yourself as described above.
Top - Are more details about the lawsuit available?
Yes. You can get a copy of the Settlement Agreements or view other relevant documents by clicking here.
Top - How do I get more information?
You can call 1-866-544-7047; write to the Settlement Administrator at Railway No-Poach Settlement, P.O. Box 43434, Providence, RI 02940-3434; or visit the pages on this website, where you will find answers to common questions about the settlements and other information to help you determine whether you are a Class Member and whether you are eligible for a payment. You may also contact Co-Lead Class Counsel with questions (see contact information above). You may also seek the advice and counsel of your own attorney at your own expense, if you desire.
PLEASE DO NOT CONTACT THE COURT. YOU SHOULD DIRECT ANY QUESTIONS YOU MAY HAVE ABOUT THIS NOTICE OR THE SETTLEMENTS TO THE SETTLEMENT ADMINISTRATOR AND/OR TO CO-LEAD CLASS COUNSEL.
Top - The Class Member is deceased; what happens to their payment?
If the Class Member is deceased, it may be necessary to submit a death certificate and a letter identifying the beneficiary with supporting documentation. The letter must include the nine digit social security number of the beneficiary. If there is no beneficiary, a settlement check can be mailed to the deceased's estate, i.e., to "The Estate of [The Deceased]." If the deceased class member would have been required to submit a claim, as described above, then the beneficiary or estate must file a claim on the decedent's behalf to receive payment. After the settlement checks have been issued, the payee cannot be altered. Please call the Settlement Hotline or contact info@railwaynopoach.com for more information
Top - If I worked for a subsidiary of Wabtec or Knorr that was not named as a Defendant in the lawsuit, am I a member of the Settlement Class?
No. To be a member of the Settlement Class, you must have held a job that is on the Eligible Job Title List and worked for one of the following named Defendants during the class period: Westinghouse Air Brake Technologies Corporation, Wabtec Railway Electronics, Inc., Railroad Controls, L.P., Xorail Inc., Faiveley Transport, S.A., Faiveley Transport North America Inc., Knorr Brake Company LLC, and New York Air Brake LLC.
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