FAQs
Basic Information
A Court has authorized the notice because Class Members have a right to know about the proposed settlement of this class-action lawsuit, and their options, before the Court decides whether to give “final approval” to the Settlement. The notice explains the lawsuit, the proposed Settlement, and the legal rights of Class Members. If you received the notice, it’s because All-Clad’s and its retailers’ records indicate that you purchased All-Clad D3, D5, or LTD Cookware (the “Cookware”) during the period January 1, 2015 to July 29, 2022.
The Honorable J. Nicholas Ranjan of the United States District Court for the Western District of Pennsylvania is overseeing this class-action lawsuit, known as All-Clad Metalcrafters, LLC, Cookware Marketing and Sales Practices Litigation (the “Action”). Jean Greeff, Carol Egidio, Beira Montalvo, Miranda Murray, and Brandi Milford, the people who brought this litigation, are called the “Plaintiffs” or “Class Representatives,” and the companies that were sued, All-Clad Metalcrafters, LLC and Groupe SEB USA, Inc., are called the “Defendants.”
This lawsuit involves All-Clad’s D3, D5, and LTD Cookware (the “Cookware”). The lawsuit alleges that All-Clad advertised the Cookware as being “dishwasher safe” but, when cleaned in the dishwasher, one or more metal cooking layers may become thin and/or sharp, particularly along the rim of the Cookware (“Sharp Edges” or “Defect”). Defendants deny these allegations.
In a class action, one or more people called “Class Representatives” assert claims on behalf of people who have similar claims. All of these people are the “Class” or “Class Members.” One court resolves the issues for all Class Members, except for those who timely exclude themselves from (or “opt out” of) the Class. The Class Representatives in the Action are the Plaintiffs identified above. If you have received the notice, it’s because you have been identified as potentially being a Class Member.
All parties have agreed to a Settlement to avoid further cost and risk of a trial, and so that the people affected can begin getting benefits in exchange for releasing the Defendants from liability for the claims that were raised or could have been raised in the Action involving All-Clad’s D3, D5, and LTD Cookware. The Settlement does not mean that the Defendants broke any laws, or otherwise did anything wrong, because Judge Ranjan did not decide which side was right. The Class Representatives and the lawyers representing them think the Settlement is fair and reasonable for the Class.
Who is in the Settlement
The Settlement Class includes all persons in the United States, including Puerto Rico and the District of Columbia, who, between January 1, 2015 and July 29, 2022, have purchased All-Clad D3, D5, or LTD Cookware who do not exclude themselves from (opt-out of) the class.
The Benefits What You Get
If Judge Ranjan grants final approval of the Settlement and the Settlement becomes effective (the “Effective Date”), you may be entitled to the following benefits:
- If your Cookware exhibited the “Sharp Edges” issue you can submit a claim and choose from the following options:
- Return the Damaged Cookware to All-Clad in exchange for new D3/D5 cookware of the same type/style and also claim a $75.00 refund (discontinued LTD cookware will be replaced with similar D3 cookware); or
- Return the Damaged Cookware to All-Clad and exchange for either (i) a Hard Anodized (HA1) five-piece fry-pan set (SKU 2100122734) or (ii) an Essentials Hard Anodized Nonstick thirteen-piece cookware set (SKU 2100120788) (all of which are dishwasher safe); or
- Return the Damaged Cookware to All-Clad and claim a future purchase credit of 50% off purchases, up to a total purchase of $1,200.00 (up to a $600.00 value), for any product(s) on All-Clad’s website.
- If your Cookware did not exhibit the “Sharp Edges” issue or it did but you discarded the Cookware (preventing you from returning the Cookware and demonstrating “sharp edges”) you can submit a claim, with proof of purchase, for a future purchase credit of 35% off purchases, up to a total purchase of $750.00 (up to a $262.50 value), on any product(s) on All-Clad’s website. Proof of purchase can include a store receipt, invoice, order confirmation, credit card receipt, canceled check, or other document(s) demonstrating that you purchased Cookware during the class period.
Defendants will create a fund of up to $4,000,000.00 to pay for the refunds offered under option 1(a). If the total value of refunds sought exceeds $4,000,000.00, each refund will be reduced proportionally.
In order to obtain reimbursement, you must submit a Claim Form and provide all the information requested in the Claim Form.
If the Settlement becomes final, Class Members will be releasing Defendants and related people and entities from all of the claims described and identified in Paragraph 31 of the Settlement Agreement . In essence, the claims Class Members are releasing are all claims related to their purchase of All-Clad D3, D5, or LTD Cookware which relate to the “Sharp Edges” issue or “dishwasher safe” representations. The Settlement Agreement is available on the Important Documents page of this website. The Settlement Agreement describes the released claims with specific descriptions, in necessarily accurate legal terminology, so read it carefully.
Judge Ranjan has appointed specific lawyers to represent you in this lawsuit and Settlement. You can talk to one of the lawyers listed in FAQs 15 below, free of charge, if you have questions about the released claims or what they mean. You can also speak with your own lawyer, should you have one, about this Settlement.
How to Get Benefits
If you are a Class Member and would like to obtain the reimbursement benefits (described in FAQs 6), you need to complete the Claim Form or mail a completed Claim Form downloaded from the Important Documents page to the address provided on the Claim Form. Claim Forms must be postmarked or submitted no later than April 18, 2023.
If you are making a claim to exchange Cookware because it experienced the “Sharp Edges” issue:
- You must submit your claim between now and April 18, 2023.
- The Court granted final approval of the Settlement on February 17, 2023. We anticipate the Effective Date will be on or about March 19, 2023. The Claims Administrator has begun to review and validate claims.
- The Claims Administrator will contact you if any required information is missing.
- After the Claims Administrator validates your claim, All-Clad will email you a prepaid return label and shipping instructions. You must return your Cookware within 30 days of receiving your prepaid return label.
- Once All-Clad receives your Cookware, they will confirm your eligibility for settlement relief. If your claim is approved, depending on the relief you selected, we anticipate your voucher, replacement Cookware, and/or payment will then be sent to you starting in July 2023 on a continuing, rolling basis.
If you are making a claim where Cookware has not experienced the “Sharp Edges” issue or you have discarded damaged Cookware:
- You must submit your claim between now and April 18, 2023.
- The Court granted final approval of the Settlement on February 17, 2023. We anticipate the Effective Date will be on or about March 19, 2023. The Claims Administrator has begun to review and validate claims.
- The Claims Administrator will contact you if any required information is missing.
- Once the claim is approved, we anticipate vouchers will be sent out starting in May 2023 on a continuing, rolling basis.
We understand this process may be lengthy, and we appreciate your patience.
If you have any questions on how to complete the Claim Form or what information is needed, you can call the Claims Administrator at 1-833-611-3044 or visit the FAQ page of this website.
There is a process in the Settlement Agreement to resolve disagreements between you and Defendants over your claim. During this process, the court-appointed lawyers listed in the answer to FAQ 15 below will represent you in any dispute regarding relief under the terms of the Settlement, and the dispute will be handled in accordance with the procedures set forth in the Settlement Agreement. You may have the right to appeal a denied claim. If you have questions regarding this process, contact Settlement Class Counsel below.
If you have submitted a claim, your Claim Form will be processed and benefits will be issued on a continuing, rolling basis after the later of the Claims Deadline or the Effective Date. The Settlement was granted final approval on February 17, 2023. We anticipate the Effective Date will be on or about March 19, 2023. The Claims Deadline is April 18, 2023. Please check this website for the actual Effective Date, which may affect when your claim is processed and when you will receive the benefits under the Settlement.
Excluding Yourself From The Settlement
Yes. If you want to keep the right to sue or if you are already suing Defendants in another action over the legal issues in this case, then you must take steps to opt out of this Settlement. This is called asking to be excluded from – sometimes called “opting out” of – the Settlement.
No. If you ask to be excluded, you cannot object to the Settlement and you will not receive any of the benefits of the Settlement. But you may sue, continue to sue, or be part of a different lawsuit against Defendants in the future, including for claims that this Settlement resolves. You will not be bound by anything that happens in this lawsuit.
No. Unless you exclude yourself, you give up the right to sue Defendants for the claims that this Settlement resolves.
To exclude yourself from the Settlement, you must send a letter by mail saying that you want to be excluded from IMO All-Clad Metalcrafters, LLC Cookware Marketing and Sales Practices Litig., MDL No. 2988, Master Case No. 2:21-mc-491-NR. Be sure to include: (1) your full name and current address; (2) the All-Clad Cookware you purchased and the date(s) of purchase; (3) specifically and clearly state your desire to be excluded from the Settlement and from the Settlement Class; and (4) your signature. You cannot ask to be excluded over the phone or via email or the internet. You must mail your request to be excluded, postmarked no later than December 8, 2022, to the Claims Administrator at the address below:
IMO All-Clad Settlement
Attn: Exclusions
P.O. Box 58220
Philadelphia, PA 19102
Failure to comply with any of these requirements for excluding yourself may result in you being bound by this Settlement.
The Lawyers Representing You
The Plaintiffs and you have been represented by lawyers and a law firm that has prosecuted this case. Judge Ranjan has appointed the following lawyers to represent you and other Class Members as Settlement Class Counsel:
Harper T. Segui
Martha Geer
Rachel Soffin
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
825 Lowcountry Blvd., Suite 101
Mount Pleasant, South Carolina 29464
T: 919-600-5000
F: 919-600-5035
You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.
As part of the resolution of the Action, Settlement Class Counsel and Defendants have agreed that Settlement Class Counsel may apply to the Judge for an award of attorneys’ fees, costs, expenses, and service awards not to exceed $2,000,000.00, inclusive of service awards to each of the three Plaintiffs in the amount of $2,500.00 ($12,500.00 in total). Defendants have agreed not to oppose this request. The Settlement Class Counsel fees and expenses, inclusive of the service awards to the class representatives, will be paid separate and apart from any relief provided to the Class and will not reduce the value of the benefits distributed to Class Members. Defendants will also separately pay the costs to administer the Settlement. Judge Ranjan will determine the amount of attorneys’ fees, costs, expenses, and service awards after evaluating Plaintiffs’ submission.
Objecting to the Settlement
You can object to the Settlement if you don’t like some part of it. You can give reasons why you think Judge Ranjan should not approve it. To object, send a letter saying that you object to the Settlement in IMO All-Clad Metalcrafters, LLC Cookware Marketing and Sales Practices Litig., MDL No. 2988, Master Case No. 2:21-mc-491-NR. You must include: (1) your full name, current address, current telephone number, email address, and the name of your lawyer and your lawyer’s address if you are represented by a lawyer other than Settlement Class Counsel; (2) the Cookware and the date(s) of purchase, with proof of purchase; (3) whether the objection applies only to you, to a specific subset of the Class, or to the entire Class; (4) a statement of the position(s) you wish to assert, including the factual and legal grounds for the position; and (5) any documents that you wish to submit in support of your position.; (6) a Notice of Intention to Appear at the Final Approval Hearing if you intend to appear in person at the hearing; and (7) your signature. The objection must be mailed to the Clerk of the Court, with copies to Settlement Class Counsel, and Defendant’s Counsel at the below addresses. The mailed copies must be postmarked no later than December 8, 2022:
COURT | CLASS COUNSEL | DEFENDANTS’ COUNSEL |
---|---|---|
Clerk, United States District Court For the Western District of Pennsylvania Joseph F. Weis, Jr. U.S. Courthouse 700 Grant Street Pittsburgh, PA 15219 |
Harper T. Segui Martha Geer Rachel Soffin MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 |
Christopher J. Dalton Melissa J. Bayly Buchanan Ingersoll & Rooney PC 550 Broad Street, Suite 810 Newark, New Jersey 07102-4582 |
Objecting is simply telling Judge Ranjan that you don’t like something about the Settlement. You can object only if you stay in the Settlement. Excluding yourself is telling Judge Ranjan that you don’t want to be part of the Settlement, and thus do not want to receive any benefits from the Settlement as described in FAQ 6. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.
The Courts Final Approval Hearing
Judge Ranjan held a “Final Approval Hearing” on January 26, 2023. The Court subsequently granted final approval of the Settlement on February 17, 2023. We anticipate the Effective Date will be on or about March 19, 2023. Please check this website for the actual Effective Date, which may affect when your claim is processed and when you will receive the benefits under the Settlement.
No. Settlement Class Counsel will answer any questions Judge Ranjan may have, but you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you mail your valid written objection on time, Judge Ranjan will consider it. You may also pay another lawyer to attend, but that’s not required.
You may ask Judge Ranjan for permission to speak at the Final Approval Hearing. To do so, you must file a “Notice of Intent to Appear” in IMO All-Clad Metalcrafters, LLC Cookware Marketing and Sales Practices Litig., MDL No. 2988, Master Case No. 2:21-mc-491-NR. Be sure to include your name, address, telephone number, signature, and other requirements outlined in FAQ 17. Your Notice of Intent to Appear must be postmarked no later than December 8, 2022, and mailed to the addresses listed in FAQ 17. You cannot speak at the hearing if you have excluded yourself from the Settlement.
What if I do Nothing
If you do nothing, you will give up the right to be part of any other lawsuit against Defendants about the legal claims released by the Settlement. You will not receive any of the benefits described in FAQ 6 offered by this Settlement unless you timely submit a Claim Form.
Getting More Information
The notice summarizes the proposed Settlement. More details are in the Settlement Agreement available on the Important Documents page of this website. You may also contact the Claims Administrator with any questions at info@Multi-PlyCookwareSettlement.com or by phone at 1-833-611-3044.