Updates & timeline for Nectar Mattress

Settlement negotiations with Ashley and Nectar stalled. Consequently, we were left with no choice but to pursue claims in court on behalf of those injured by Ashley and Nectar mattresses. A class action complaint was filed on August 30, 2024. If we need additional information from you as the litigation progresses, we will let you know. Thank you for your patience as we seek to hold Ashley and Nectar accountable.

Update on negotiations

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We continue to engage Nectar in negotiations regarding the exchange of information in anticipation of mediation. Thank you to those who have completed the webform and provided supporting documentation. Please be as thorough as possible in your responses and support for your claims. Thank you for your patience as we engage in this process.

Thank you for your continued trust in ELG to represent you in the Nectar mattress dispute arising from fiberglass exposure. Our lawyers and staff continue to work hard to protect your rights and obtain the compensation you deserve.

After initiating conversations with Nectar, we agreed to enter into an alternative dispute resolution process. We negotiated with Nectar for the exchange of certain limited information in support of our client’s claims. Each of you should have received a link to a webform allowing you to easily enter and upload the information and documents Nectar will rely upon to evaluate the strength of each claim.

Thank you for your responsiveness so far. Although information needed to complete the webform may overlap with information or documents you provided in the past, please try to be as thorough as possible with your webform responses and supporting documents because this is the information Nectar will rely upon in evaluating your claim. Supporting documents (such as receipts) are necessary to maximize the value of your claim. If you have already submitted information, you may receive follow up telephone calls to obtain clarification or additional information. If so, please continue your cooperation. Our goal is to demonstrate to Nectar the strength of your claims.

Once the parties have completed the collection and exchange of information, we expect to enter into a more formal form of alternative dispute resolution known as mediation. Companies generally are not willing to settle claims piecemeal and instead require a structured approach. In mediation, a neutral third party, known as a mediator, assists the parties in determining whether a settlement structure and amount can be agreed upon to resolve the disputes between the parties. In matters such as this impacting thousands of people, mediation often takes multiple rounds. If our mediation with Nectar is successful, you will be notified of the details and have the opportunity to consent to the terms of your settlement offer. 

On the other hand, if mediation is not successful, we plan to proceed with litigation in court, which as you might imagine, is an even longer process, but often a necessary one.

Thank you again for your responsiveness as you have received requests for information. Please continue to be responsive to requests from our office. 

We are grateful for the opportunity to assist you with your dispute with Nectar. If you have any questions, please contact ELG at 205.328.9200.