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ARTICLE · 15 MAY 2014

End Of Battery Class Actions Almost In Sight

Proskauer Rose LLP
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On April 22, 2014, the Plaintiff in Poertner v. Gillette Co. moved for final approval of settlement and for attorneys’ fees and costs.

United StatesLitigation, Mediation & Arbitration

On April 22, 2014, the Plaintiff in Poertner v. Gillette Co. moved for final approval of settlement and for attorneys' fees and costs. The settlement, reached in September 2013, would bring to an end two class actions against Gillette – one in California and one in Florida.

The settlement class is comprised of over 7 million people in the United States, its territories, and Puerto Rico, who purchased at retail certain types of Duracell Ultra Advanced and/or Ultra Power Batteries ("Ultra Batteries") beginning in June 2009. The settlement sets forth three types of relief: cash and in-kind payments, as well as injunctive relief.

First, the monetary payments available to settlement class members are a refund of $3.00 per pack. A claimant who provides valid proof of purchase will be entitled to receive a maximum of up to four refunds. A claimant who does not submit valid proof of purchase can receive only a maximum of two refunds. The three dollars per pack is about the

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