Airborne/DHL Settlement Website

If you entered into a Cartage Agreement for pick-up and delivery services with Airborne/DHL effective at any time during the period of January 1, 1994 through June 30, 2007 (the "Class Period"), this settlement will affect your rights.

Settlement Approval Update

On June 16, 2008, an American Arbitration Association panel of arbitrators approved the settlement in this matter by entering the Final Award Approving Settlement And Dismissing Class Action Arbitration Claims With Prejudice ("Final Approval Award"). On July 21, 2008, the panel entered the Distribution Order, which authorizes the distribution of the Settlement Fund. You can view or download these documents at the links on the right side of this page.

The Class Administrator has calculated estimated individual settlement amounts for all Class Members based on the panel's Final Approval Award. For an explanation of the method employed in those calculations, click the "Sample Calculations" link on the right side of this page.

If you are a Settlement Class Member, you may click the "Settlement Amounts" link on the right side of this page for information about how to learn your estimated individual settlement amount, a summary of the data used in calculating the amount, and other information that will help you place your estimated individual settlement amount in context.

The Final Approval Award and the Distribution Order require the completion of certain administrative steps before any distributions can be made from the Settlement Fund to Class Members. We currently estimate that checks will be mailed to Class Members in the Fall of 2008. Please check www.airbornedhlsettlement.com periodically for updates. Until these distributions are made, the Settlement Fund will remain on deposit in an escrow account earning interest. If you received a Class Notice or other correspondence from the Class Administrator in the mail, you do not have to do anything to receive your share of the settlement. A check will be mailed to you at the address we have for you. If you have not done so already, please update your mailing address and register for email updates at the links on the right side of this page.

This settlement affects your rights if you are a member of the Settlement Class, which includes all entities (including, but not limited to, individuals, proprietorships, partnerships, corporations, trusts and other business entities) that entered into Cartage Agreements for pick-up and delivery services with Airborne/DHL effective at any time during the period of January 1, 1994 through June 30, 2007 (the "Settlement Class"). A "Cartage Agreement" is an agreement between Airborne/DHL and a contractor, containing an arbitration clause and providing for transportation, pick-up, delivery, cartage, and other services. It does not include Agent Agreements or other agreements with DHL effective prior to 2004.

This case was filed before an American Arbitration Association panel of arbitrators (the "Panel") on behalf of independent contractors that entered into Cartage Agreements for pick-up and delivery services with Airborne/DHL during the Class Period. Respondents are Airborne Express, Inc.; Airborne, Inc.; Airborne Freight Corporation d/b/a Airborne Express or Airborne Express, Inc.; DHL Express (USA), Inc.; DHL Worldwide Express, Inc. d/b/a DHL Express; and DHL Holdings (USA), Inc. (collectively, "Airborne/DHL").

Claimants allege that Airborne/DHL underpaid contractors due to problems with the computer system used to pay contractors, failed to pay for special classes of shipments, understated material information and misrepresented the payment system when soliciting bids, and refused to renegotiate contract payment rates in good faith. Please see the Statement of Claim on the link at the right for a full description of Claimants' allegations.

Airborne/DHL insists that it has done nothing wrong; that it has properly paid its contractors and dealt with them honestly; and that it has good defenses to all the claims.

Claimants and Airborne/DHL have reached a settlement, which has been approved by the Panel. You may read the Final Award Approving Settlement And Dismissing Class Action Arbitration Claims With Prejudice by clicking on the link to that Award on the right.

Counsel for the Settlement Class are Fine, Kaplan and Black, R.P.C. and Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLP. The Representative Claimants are Terrapin Express, Inc., Moonstruck, Inc., Key Air Express, Inc. and John Cooper d/b/a Cooper Cartage.

If you are a Settlement Class member, your share of the Settlement Fund will be automatically calculated and a check mailed to you at the address we have for you. Click the "Settlement Amounts" link on the right side of this page for information about how to contact the Class Administrator for information about your estimated individual settlement amount, a summary of the data used in calculating the amount, and other information that will help you place your estimated individual settlement amount in context.

No. If you are a member of the Settlement Class, your share of the Settlement Fund will be calculated automatically and a check mailed to you at the address we have for you. There are no forms to complete or paperwork to submit. However, if you have not received a Class Notice or other correspondence from the Class Administrator in the mail, or if you have moved, please update your mailing address and register for email updates at the links on the right side of this page, or by contacting the Class Administrator at the address or phone number listed below.

Although the settlement has been approved, the Final Award Approving Settlement And Dismissing Class Action Arbitration Claims With Prejudice and the Distribution Order require the completion of certain administrative steps before any distributions can be made from the Settlement Fund. We currently estimate that checks will be mailed to Class Members in the Fall of 2008. Please check www.airbornedhlsettlement.com periodically for updates. Until these distributions are made, the Settlement Fund will remain on deposit in an escrow account earning interest.

The deadline for excluding yourself from the Settlement Class has expired. All exclusion requests were required to have been sent to the Class Administrator, c/o Complete Claim Solutions, LLC, P.O. Box 24786, West Palm Beach, FL 33416, postmarked on or before March 10, 2008. Any claims you have against Respondents that were or could have been brought in this case will be released.

If you have not received the Notice or any other correspondence from the Class Administrator in the mail, or if you have moved, we ask that you provide your address to the Class Administrator. You may do so by contacting the Class Administrator at the address or phone number listed below or by clicking on the submit address change link to the right.

You may read the documents available at the links on the right, call 1-877-526-1011, write to the Class Administrator, c/o Complete Claim Solutions, LLC, P.O. Box 24786, West Palm Beach, FL 33416, visit the website of the American Arbitration Association, www.adr.org, or the webpage of the American Arbitration Association for this arbitration, http://www.adr.org/sp.asp?id=29386. PLEASE DO NOT CONTACT THE AAA, THE PANEL OR AIRBORNE/DHL. While the Class Administrator is available to answer questions, please remember that the documents control the parties' legal rights and duties.