Frequently Asked Questions

The Honorable Roseann Ketchmark of the U.S. District Court for the Western District of Missouri is overseeing this class action. The case is known as Jeffrey Tuter v. Freud America, Inc. The person who sued is called the “Plaintiff,” and the company he sued is called the “Defendant.”

Plaintiff Jeffrey Tuter filed a lawsuit against Defendant. The Plaintiff sought to bring his claims individually and on behalf of anyone who purchased bonded abrasive wheels sold under the Diablo brand (the “Covered Products”) between January 1, 2017, and September 6, 2023.

The lawsuit alleges that the Defendant failed to provide adequate disclosures regarding the date on the Covered Products. Defendant disagrees with the allegations and denies all liability.

By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation. Plaintiff and his attorneys believe the proposed settlement is fair, reasonable, and adequate and, thus, best for the Settlement Class members.

The Court has preliminarily approved the settlement and conditionally certified a class for settlement purposes only. The Court did not decide in favor of the Plaintiff or Defendant. Defendant disagrees with the allegations and denies all liability.

Full details about the proposed settlement are found in the settlement Agreement available on the Home page of this website.

In a class action, one or more people called “Settlement Class Representatives” sue on behalf of all people who purportedly have similar claims. All of these people together are the “Settlement Class” or “Settlement Class members.”

You are included in this settlement as a Class Member if you purchased any of the Covered Products at retail in the United States and its territories from January 1, 2017, through September 6, 2023. If you are not sure whether you are in the Class, or have any other questions about the settlement, review this website closely, or write with questions to Tuter v. Freud America, Inc., P.O. Box 25410, Santa Ana, CA 92799, or call toll free 1-833-614-1541.

THE SETTLEMENT BENEFITS

The proposed settlement, if approved by the Court, will provide the following benefits:

1. Changed Practices: 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, and (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.

2. Monetary Benefits: Defendant will provide up to a maximum of $1,900,000 under the settlement, including payments to individuals who purchased Covered Products and make a claim, 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.

You must file a Claim Form to get any money from the proposed settlement. The deadline to submit a Claim Form is November 20, 2023. Benefits under the settlement, including payment of claims, will occur only after the Court issues the Final Approval Order and after the resolution of any appeals.

You must submit a Claim Form in order to be eligible to receive any money from the settlement, if it is approved. Click here to submit a Claim Form.

Your Claim Form must be submitted no later than 11:59 p.m. Pacific Standard Time on November 20, 2023.

Unless you exclude yourself, you will be included as part of the Settlement Class, if the settlement is approved. By staying in the Settlement Class, you will be eligible to receive benefits included in the settlement to which you are entitled. Any judgment is binding on the Settlement Class, even if you object to the settlement and even if you have other claims pending against the Released Parties, and you will release the Released Claims, which exclude claims for personal injuries, against the Defendant and all Released Parties.

Except as otherwise provided in the settlement Agreement, this means that you will no longer be able to sue the Defendant or any other Released Party regarding the disclosures about the date on the Covered Products if you are a Class Member and do not exclude yourself from the Class.

The settlement Agreement, including all the provisions about settled claims and releases, is available here.

Yes, Settlement Class Representative/Plaintiff Jeffrey Tuter will request a service award of up to $5,000 to compensate him for his services as a class representative in bringing these claims. The Court will make the final decision as to the amount, if any, to be paid to this individual.

EXCLUDE YOURSELF

If you do not want to be included in the settlement, you must send a written request for exclusion postmarked no later than November 20, 2023, to:

Settlement Administrator
Tuter v. Freud America, Inc.
P.O. Box 25410
Santa Ana, CA 92799

Your request should include your name, address, and telephone number, and a statement requesting to exclude yourself from the Settlement. You must submit your request for exclusion individually. Group requests will not be allowed. If you purchased more than one Covered Product, your request to exclude yourself applies to all such purchases.If you exclude yourself, you will not be able to receive benefits from the settlement and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit.

No, if you do not exclude yourself from the settlement, you forever give up the right to sue the Defendant and Released Parties for the claims this settlement resolves.

If you do nothing, you will be bound by the settlement if the Court approves it, which means you will not be able to start or proceed with a lawsuit, or be part of any other lawsuit, against the Released Parties about the Released Claims in this case at any time. You also will not receive any benefits from the settlement.

THE LAWYERS REPRESENTING YOU

Yes, the Court has ordered that Humphrey, Farrington, & McClain, P.C. (“Settlement Class Counsel”) will represent the interests of all Settlement Class members. Settlement Class members will not be separately charged for these lawyers.

If you want to be represented by your own lawyer, you may hire one at your own expense.

Settlement Class Counsel will apply to the Court for an award of attorneys’ fees, costs, and expenses of up to $520,000.

A copy of Settlement Class Counsel’s Application for Attorneys’ Fees and Expenses will be posted on this website before the deadline to exclude yourself from or object to the settlement. The Court will make the final decisions as to the amounts to be paid to Settlement Class Counsel and may award less than the amounts requested by Settlement Class Counsel.

OBJECTING TO THE SETTLEMENT

If you want to tell the Court that you do not agree with the proposed settlement (or some part of it), you can submit an Objection to the Court telling it why you think the settlement (or some part of it) should not be approved.

Your Objection must be personally signed with your handwritten signature in ink and include all the following information:

(i) The case name: Jeffrey Tuter v. Freud America, Inc., Case No. 4:22-cv-00282 (U.S. District Court for the Western District of Missouri);

(ii) Your full name, address, and telephone number;

(iii) The name, address, and telephone number of any lawyer(s) representing you or who may be entitled to compensation in connection with the Objection(s);

(iv) A statement that you are a Settlement Class member in the proposed settlement, including a verification under oath of Covered Product(s) purchased and, to the extent known, the location, approximate date, and approximate price paid;

(v) A detailed statement of the Objection(s), including the grounds for the Objection(s) and any legal support for the Objection(s);

(vi) Copies of any papers, briefs, or other documents upon which the Objection(s) is based;

(vii) A list of any and all persons who will be called to testify in support of the Objection(s);

(viii) A statement whether you or your counsel intend to appear at the Final Approval Hearing;

(ix) A list and copies of any and all exhibits that you or your counsel intends to offer at the Final Approval Hearing;

(x) The identity of any current or former lawyer who may be entitled to compensation for any reason relating to the Objection(s); and

(xi) A list of any class action settlement objections made by you or your lawyer in any state or federal court in the last five years.

Your Objection(s) must be submitted to the Clerk of the Court by First-Class mail, postmarked no later than November 20, 2023, to:

Objecting is simply telling the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class.

Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the settlement no longer affects you.

THE FINAL APPROVAL HEARING

The Court will hold the Final Approval Hearing in the U.S. District Court for the Western District of Missouri, located at 400 E. Ninth Street, Kansas City, Missouri 64106, in the courtroom of the Honorable Roseann Ketchmark, on December 15, 2023, at 1:30 p.m. Any additional or different information about the hearing will be posted on this website once it is available. The hearing may be moved to a different date, time or location without additional notice, so it is recommended that you periodically check this website for updated information.

At the hearing, the Court will consider whether the proposed settlement is fair, reasonable, adequate, and is in the best interests of Settlement Class members, and if it should be approved. If there are valid, timely Objections, the Court will consider them and will listen to people who have asked to speak at the hearing (if the request was made properly). The Court will also consider the award of attorneys’ fees and expenses to Settlement Class Counsel and the request for a service award to the Settlement Class Representative.

No, you are not required to come to the Final Approval Hearing; however, you are welcome to attend the hearing at your own expense.

If you submit an Objection, you do not have to attend the hearing to talk about it. If your Objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing if you desire.

Yes, you may be able to speak at the Final Approval Hearing but you must ask the Court for permission. To request permission to speak, you must file an Objection according to the instructions in FAQ 14 and the settlement Agreement, including all the information required.

You cannot speak at the hearing if you exclude yourself from the settlement.

DO NOTHING

If you do nothing, you will not receive any money from the settlement, you will not be able to sue for the claims in this case, and you release the claims as described in FAQ 7 and the settlement Agreement.

GET MORE INFORMATION

The Notice provides a summary of the proposed settlement. If you want additional information about this lawsuit, including a copy of the settlement Agreement, the complaint, the Court’s Preliminary Approval Order, Settlement Class Counsel’s application for attorneys’ fees and expenses, and more, please review this website or call the Settlement Administrator at 1-833-614-1541.