SHY V NAVISTAR INTERNATIONAL CORP.
CASE NO. 3:92-CV-0333-WHR (S.D. OHIO)
Shy Settlement FAQs
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What is a class action?A class action is a lawsuit whereby certain representatives of the potential class file a lawsuit on behalf of themselves and others similarly situated. Class actions permit individuals with potentially smaller individual damages to pursue their individual claims together in one proceeding against a common defendant or defendants.
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Does the proposed settlement apply to me?
Yes, if you are a member of the settlement class, which is defined as follows:
Present participants (including spouses and dependents) and those eligible to become participants, whether upon retirement or election (including eligible spouses and dependents), in the Navistar International Transportation Corp. Retiree Health Benefit and Life Insurance Plan (n/k/a the Navistar, Inc. Retiree Health and Life Insurance Plan). This includes all eligible present retirees, individuals eligible upon retirement or election, and participating, eligible, or future-eligible spouses and dependents in the Navistar International Transportation Corp. Retiree Health Benefit Program (n/k/a the Navistar, Inc. Retiree Health Benefit Program), the Navistar International Transportation Corp. Retiree Life Insurance Program (n/k/a the Navistar, Inc. Retiree Life Insurance Program), and the Navistar International Transportation Corp. Retiree Supplemental Benefit Program (n/k/a the Navistar, Inc. Retiree Supplemental Benefit Program).
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What is this settlement about?
In 1993 there was a settlement of a lawsuit challenging Navistar’s decision to cut its retiree health and life insurance benefits. Navistar claimed that it could not stay in business unless it reduced its estimated $2.6 billion of potential liability for these benefits. The lawsuit was resolved by an agreement to make a series of changes to the retiree health and life insurance benefits that were reflected in a new health and welfare benefit plan that included the Base Plan and the Supplemental Plan.
Subsequent to the 1993 settlement, disputes arose regarding Navistar’s obligations. This settlement is intended to resolve certain of those disputes, by Navistar providing benefits estimated at a value of $742 million plus interest, allowing an increase in healthcare benefits provided to class members.
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Who represents the interests of the class members?The Court has appointed Class Representatives and Class Counsel to represent the interests of the Class Members.
The following individuals have been appointed as Class Representatives, each of whom is a Navistar retiree:
Robert Bergmann (Ret. USW)
Fred Cortright (Ret. UAW)
Carl Potts (Ret. SEE)
Miller Rodgers (Ret. UAW
Richard Zounes (Ret. Salaried)
The lawyers that the Court has appointed to serve as Class Counsel are: W. B. Markovits
Terence R. Coates
Markovits, Stock and Demarco, LLC
3825 Edwards Road, Suite 650
Cincinnati, Ohio 45209
Phone: 513-651-3700
bmarkovits@msdlegal.com
tcoates@msdlegal,com
The Supplemental Benefits Committee also has counsel that were instrumental in negotiating the settlements. These lawyers are: Ted Scallet
EascoLaw, LLP
2756 Stephenson Lane, NW
Washington, DC 20015
Phone: 202-329-6399
ted@eascolaw.com
Sarah Adams
Groom Law Group, Chartered
1701 Pennsylvania Ave, NW
Washington, DC 20006
Phone: 202-857-0620
sadams@groom.com
If you would like to be represented by your own lawyer, you may hire one at your own expense. You do not need to hire your own attorney to file an Objection.
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Do I have any obligation to pay attorneys’ fees or expenses?No. Navistar agreed to pay the fees and expenses of Class Counsel in this matter, subject to a $750,000 cap that Navistar and Class Counsel agreed to and believe is reasonable. Class Counsel’s attorneys’ fees will be subject to review by this Court as part of the approval process.
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Who is the judge overseeing this settlement?Judge Walter H. Rice, United States District Judge, Southern District of Ohio, Walter H. Rice Federal Building, 200 W. 2nd St., Dayton, Ohio 45402.
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How do I participate in the proposed settlement? What do I need to do?You do not need to do anything to participate in the Proposed Class Action Settlement. As a member of the Settlement Class, the settlement will include you and you will be bound by and benefit from the Proposed Class Action Settlement if it is approved by the Court. You would not be able to “opt out” of the Proposed Class Action Settlement and then bring your own lawsuit making claims about profit-sharing and the Medicare Part D subsidies.
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How does the proposed settlement affect my legal rights?The Proposed Class Action Settlement includes Releases which require the Class Members to give up their rights to bring claims in the future relating to past and future profit-sharing and the Medicare Part D subsidies. If the Proposed Class Action Settlement is approved, you would not be able to bring your own lawsuit involving those issues.
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Can I object to the proposed settlement?Any Class Member may object to the proposed settlement. Your objection must contain: (a) the full name, address, telephone number, and email address of the objector; (b) a written statement of all grounds for the objection accompanied by any legal or factual support for such objection; (c) copies of any papers, briefs, or other documents on which the objection is based; (d) a list of all cases in which the objector and/or objector’s counsel had filed or in any way participated in—financially or otherwise—objecting to a class action settlement in the preceding five years; (e) the name, address, email address, and telephone number of all attorneys representing the objector; (f) a statement indicating whether the objector and/or the objector’s counsel intends to appear at the Fairness Hearing, and, if so, a list of all persons, if any, who will be called to testify in support of the objection; and (g) the objector’s signature. Class Members who fail to make objections in the manner specified in this section will be deemed to have waived any objections and will be foreclosed from making any objection to the Settlement. Any objection shall be filed with the Court and a copy must be served upon Class Counsel and Navistar’s counsel no later than April 11, 2022. Class Counsel may be served at the address above. Navistar’s counsel may be served at: John C. Goodchild, III, Morgan, Lewis & Bockius LLP, 1701 Market Street, Philadelphia, PA 19103. Objections may be filed with the Court at: Office of the Clerk, Walter H. Rice Federal Building, 200 W. 2nd Street, Suite 712, Dayton, OH 45402.
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Is there a hearing where the judge will consider whether to approve the settlement?Yes, the Court will hold a hearing to decide whether to finally approve the proposed settlement. You may attend and you may be able to speak at the hearing, but you do not have to do so. The Court will hold the Fairness hearing at 10 a.m. (EST). on June 9, 2022, at the Walter H. Rice Federal Building, 200 W. 2nd St., Dayton, Ohio 45402, in Courtroom 1. At the hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections that were received by the deadline, the Court will then consider them. If you submit a timely objection, the Court will also listen to you speak at the hearing, if you so request.
You are not required to attend the Fairness Hearing but are welcome to attend. If you send an objection you can come to Court to discuss it if you filed a Notice of Appearance and the Court permits; however, you are not obligated to attend. You may also pay your own lawyer to attend or discuss your objection, but that is not necessary.
You may ask the Court to permit you to speak at the Fairness Hearing. To do so, you must file a written request with the Court saying that it is your “Notice of Intent to Appear at the Fairness Hearing in Shy v. Navistar International Corp., Case No. 3:92-cv -0333-WHR (S.D. Ohio).” This notice must be filed no later than April 11, 2022. If you plan to have your own attorney speak for you at the hearing, you must also include the name, address, and telephone number of the attorney who will appear. Your written request must be sent to the Clerk of Court, Class Counsel, and Navistar’s Counsel at their addresses above. You may not be permitted to speak at the hearing if your Notice of Intent to Appear is late.
The date and time of the Fairness Hearing could change. If you plan to attend the hearing, please contact Class Counsel or call the toll-free number to confirm.
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How do I get more information about the case?The detailed Settlement Agreement, plan amendments, and key litigation documents may be found on this website under the “Important Documents” link.
In addition, you may contact Navistar via email at retireehotline@navistar.com or via a toll-free hotline at 1-877-353-5100.
If there is an issue that cannot be dealt with through email or hotline, you may contact Class Counsel at bmarkovits@msdlegal.com.
Please do not contact the Court. The Court personnel will not be able to answer your questions.