Case Details

Year Initiated/Committed

1998

Year Resolved

2000

Settlement Amount

$65,000 cash, $75,000 product

Court

Circuit Court of Kanawha County, WV

Docket Number

99-C-2349

Lead State

MD, NY, WV

Participating States

Defendant(s)

Kimberly-Clark Corporation, Fort James Corporation, Bay West Paper Corporation, Encore Paper Company, Inc., Marcal Paper Mills, Inc., and Wisconsin Tissue Mills, Inc.

Case Description

In October of 1998, West Virginia joined the states of New York, Maryland and Florida in federal court in Florida in an action against Kimberly-Clark Corporation, Fort James Corporation, Bay West Paper Corporation, Encore Paper Company, Inc., Marcal Paper Mills, Inc., and Wisconsin Tissue Mills, Inc. The lawsuit alleged that the defendants conspired to fix, raise, and maintain prices for commercial tissue paper products. West Virginia refiled its action in state court in 1999 after being dismissed from federal court. In June of 2000, New York, Maryland and West Virginia reached a settlement agreement with the defendants in which the defendants agreed to pay $350,000.00 in cash and $850,000.00 in products. West Virginia received $65,000.00 in cash and $75,000.00 in products. See also Maryland v. Kimberly-Clark Corp., et al. No. 24-C-99-004904 (Cir. Ct. for the City of Baltimore 1999); Florida ex rel. Butterworth v. Kimberly-Clark Corporation, et al. No. MDL 1189 (N.D. Fla 2000)