Question 1

What is the notice and why should I read it?

Accepted Answer

A court authorized the Notice
[https://angeion-public.s3.amazonaws.com/www.smokersurchargeclassaction.com/docs/IMH_Class_Notice_FINAL_v2.pdf]
to let you know about a proposed settlement of a class action lawsuit called
Hatheway, et al. v. International Motors, Inc., Case No. 1:25-CV-07989, filed in
the United States District Court for the Northern District of Illinois (the
“Action”). You do not need to live in Illinois to get a benefit under the
Settlement. The notice describes the Settlement. Please read the notice
carefully. Your rights and options—and the deadlines to exercise them—are
explained in the notice. Please understand that if you are a Settlement Class
member, your legal rights are affected regardless of whether you act.

Question 2

What is a class action lawsuit?

Accepted Answer

A class action is a lawsuit in which one or more plaintiffs sue on behalf of a
group of people who allegedly have similar claims. After the Parties reached an
agreement to settle this Action, the Court granted preliminary approval of the
Settlement. Among other things, this preliminary approval permits Settlement
Class members to voice their support of or opposition to the Settlement or to
comment about the settlement before the Court makes a final determination as
whether to approve the Settlement. In a class action, the court resolves the
issues uniformly for all Settlement Class members.

Question 3

What is this lawsuit about?

Accepted Answer

Plaintiff filed a Class Action Complaint against Defendant on behalf of a class
of Plan participants alleging that Defendant violated ERISA through a wellness
program that discriminated against employees based on an impermissible health
factor by failing to provide a reasonable alternative standard with respect to
the Plan’s tobacco surcharge policy. A complete description of Plaintiff’s
allegations is in the Class Action Complaint
[https://angeion-public.s3.amazonaws.com/www.smokersurchargeclassaction.com/docs/CLASS_ACTION_COMPLAINT.pdf] and
is available on this website.

Defendant has denied and continues to deny Plaintiff’s claims and allegations in
their entirety, denies that it is liable at all to the Plaintiff or the
Settlement Class members, and denies that the Plaintiff, Settlement Class
members, or the Plan have suffered any harm or damage. Defendant denies all
allegations of wrongdoing and asserts that its conduct was lawful. Defendant is
settling the Action solely to avoid the expense, inconvenience, and inherent
risk and disruption of litigation.

Question 4

Why is there a Settlement?

Accepted Answer

The Court has not decided in favor of either side in this Action. Instead, both
sides agreed to a settlement. That way, both sides avoid the cost and risk of a
trial. The affected current and former Plan participants will get substantial
benefits that they would not have received if Plaintiff had litigated the case
and lost. The Plaintiff and his attorneys believe the Settlement is in the best
interests of the Settlement Class members and the Plan.

Question 5

How do I know if I am a Settlement Class member and included in the Settlement?

Accepted Answer

The Court decided that everyone who fits this description is a Settlement Class
member:

All individuals residing in the U.S. who paid a tobacco surcharge in connection
with their participation in the Plan between January 1, 2016 and December 31,
2025.

FAQs

Get the Answers You Need

Basic Information

Who's Included in the Settlement

The Settlement Benefits

How To Get Benefits

The Lawyers Representing You

Your Rights and Options

The Court's Fairness Hearing

Basic Information

1. What is the notice and why should I read it?

2. What is a class action lawsuit?

3. What is this lawsuit about?

4. Why is there a Settlement?

Who's Included in the Settlement

5. How do I know if I am a Settlement Class member and included in the Settlement?

The Settlement Benefits

6. What does the Settlement provide?

How To Get Benefits

7. How do I get benefits?

8. When will I get my payment?

The Lawyers Representing You

9. Who represents the Settlement Class members?

10. How will the lawyers be paid?

Your Rights and Options

11. What is the effect of final approval of the Settlement?

12. What happens if I do nothing at all?

13. How do I get out of the Settlement?

14. Can I sue Defendant for the same claims later?

15. How do I object to the Settlement?

The Court's Fairness Hearing

16. When and where will the Court hold a hearing on the fairness of the Settlement?

17. Do I have to come to the Fairness Hearing?

18. Where can I get additional information?