Class Action Claims Management Advantage: Completeness

Another significant advantage to FRS claims management clients, in addition to being kept aware of meaningful recovery opportunities, is the benefit they gain from FRS’s considerable experience in identifying eligible business units and locations, and in ascertaining and collecting the data that will enhance the value of their claims. FRS, by investigating our clients’ current and historical corporate structures, as well as their acquisition and divestiture history and their relevant purchasing experience, has increased the value of the claims that our clients, without FRS’s assistance, were prepared to or did submit. Set forth below are just a few significant examples of how FRS’s corporate research and analyses enhanced our clients’ claims:

  • In connection with the $205 million settlement of the Illinois TFT-LCD Indirect Litigation, a parens patriae action prosecuted and resolved by the Illinois Attorney’s General’s Office, FRS’s client, a large healthcare system, was unaware that, although FRS had obtained for it a very substantial recovery from the LCDI class action settlement that did not include purchases in Illinois, its Illinois-based facilities were eligible to participate in the Illinois LCDI settlement. FRS identified several Illinois facilities that were acquired after the end of the Illinois LCDI relevant period for which they could recover, and then submitted a claim for over 25,000 eligible LCD units.
  • In connection with the LCD Flat Screen Direct settlement, FRS’s research:
    • More than doubled the already substantial recovery a globally diversified manufacturing client received;
    • Increased by more than $1,000,000 the recovery of a “Fortune” technology manufacturing client; and
    • Increased from approximately $5,000 to over $5,000,000 the recovery received for a major electronics distributor.
  • The research that FRS performed on behalf of a large hospital system that had already retained another recovery firm in connection with the DRAM Indirect settlement uncovered that the other consultant had failed to include many of that hospital system’s facilities. The supplemental claim filed by FRS resulted in an additional recovery of approximately $15,000.
  • One of the largest chemical producers in North America, believed that, because it was headquartered in an ineligible state, it was not eligible to participate in the LCD Flat Screen Indirect settlement. As a result of FRS’s research, however, uncovered substantial eligible purchases made in eligible states. As a result, FRS’s client recovered over $1.3 million that it otherwise would not have recovered.
  • When an FRS client, one of the largest operators of travel centers and travel plazas in North America, received from the US Foodservice claims administrator pre-populated claim forms for just a small number of its locations and was prepared to submit a claim only for those locations, FRS, by identifying threefold additional locations and working with the claims administrator to locate data for those additional locations, increased our client’s claim by over 135%.
  • In connection with the Polyurethane Foam Indirect settlement, FRS, by identifying that our client, a leading global insurance organization, had a decentralized purchasing function, increased the value of its client’s claim from $50 million to $65 million, or by 30%.
  • When FRS was retained by a major healthcare system to review the claim that a competitor had already submitted in the LCD Flat Screen Indirect settlement, FRS’s diligence increased our client’s recovery by more than 10 times what would have been recovered via the claim filed by our competitor, or by approximately $1,700,000.

Just these examples resulted in increased recoveries for FRS’s clients of almost $10 million.

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