Apparent Settlement in the In re Aluminum Warehousing Antitrust Litigation

As previously reported, Judge Paul Engelmayer denied class certification and awarded summary judgment against two groups of plaintiffs in the In re Aluminum Warehousing Antitrust Litigation, 13 MD 2481 (PAE), actions, and in February the defendants moved for summary judgment against the remaining defendants.  Plaintiffs’ opposition to the motion was due on April 18, 2022, but on that date plaintiffs instead filed a letter to the court requesting a 21-day adjournment “to allow the parties to finalize a written settlement agreement that provides for dismissal of the case.”  The court granted the request later the same day, so all proceedings have been stayed until May 9, 2022.

The next step in the action should therefore be either a private settlement with the remaining plaintiffs Reynolds Consumer Products LLC and Southwire Company LLC or an attempt to certify a class for settlement purposes.  My money is on the private settlement, which means that the district court action is to all intents and purposes over until the Second Circuit decides any appeals from prior rulings.  But regardless, we will continue to provide updates as further information becomes available.

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