Case Information
Jeffrey Tuter v. Freud America, Inc.
United States District Court for the Western District of Missouri
Case No. 4:22-cv-00282
IF YOU PURCHASED DIABLO-BRANDED BONDED ABRASIVE WHEELS BETWEEN
JANUARY 1, 2017, AND SEPTEMBER 6, 2023
A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS.
A proposed Settlement has been reached in a class-action lawsuit (“Action”) called Jeffrey Tuter v. Freud America, Inc., Case No. 4:22-cv-00282, pending in the United States District Court for the Western District of Missouri, which claims that Freud America, Inc. (“Defendant”) failed to provide adequate disclosures regarding the date contained on certain Diablo bonded abrasive wheels (the “Covered Products”).
Defendant disagrees with the allegations and denies all liability. Nevertheless, to avoid the cost, disruption, and distraction of further litigation, both sides have agreed to settle the matter.
You are included in the settlement if you purchased at least one or more Covered Products between January 1, 2017, and September 6, 2023.
Defendant has agreed to (1) review and make modifications to the labeling or marketing of the Covered Products to provide a warning to improve the awareness and meaning of the date on the Covered Products by the manufacturers of the Covered products, (2) review its website and make modifications to provide a warning to improve the awareness and meaning of the date on the Covered Products by the manufacturers of the Covered Products, and (3) provide up to a maximum of $1,900,000 under the Settlement, including payments to individuals who purchased Covered Products and for other fees and expenses.
- Settlement Class Members who provide proof of purchase of one or more Covered Products may receive a payment equal to the total amount of such purchases up to a maximum Benefit Amount of $50 (regardless of whether the value of the total number of purchases of Covered Products exceeded $50).
- Settlement Class members who do not provide proof of purchase may receive a payment of up to $2.50 per unit purchased up to four units of Covered Products for a maximum Benefit Amount of $10 per household (regardless of how many persons live in the household and regardless of whether there were more than four units of Covered Products purchased in the household). The payments to Settlement Class members may be reduced pro rata based on the number of claims submitted. See FAQ 5 for more details.
Your legal rights are affected even if you do nothing. Read the Notice carefully.
YOUR LEGAL RIGHTS & OPTIONS IN THIS SETTLEMENT | |
|---|---|
Submit a Claim Form | You must submit a Claim Form to receive money from this settlement. Claim Forms must be submitted by November 20, 2023. By remaining in the class and submitting a Claim Form, you give up your rights to sue and will be bound by any final judgment. |
Do Nothing | If you do nothing, you remain in the settlement, you give up your rights to sue and will be bound by any final judgment, and you will not receive any money from the settlement. |
Exclude Yourself | Get out of the settlement. Get no money. Retain your right to sue.This is the only option that allows you to retain your right to sue about the claims in this Action. You will not receive any money from the settlement. Your request to exclude yourself must be postmarked by November 20, 2023. |
File an Objection | Stay in the settlement but tell the Court why you think the settlement should not be approved. Objections must be postmarked by November 20, 2023. |
Go to the Final Approval Hearing | You can attend and/or ask to speak in Court about the fairness of the Settlement, at your own expense. The Final Approval Hearing is scheduled for December 15, 2023. |
Case Documents
Important Dates
Deadline for Settlement Class Counsel’s Request for Attorneys’ Fees
11/05/2023
Claim Deadline
11/20/2023
Objection Deadline
11/20/2023
Opt Out Deadline
11/20/2023
Final Approval Hearing
12/15/2023