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Magistrate Judge Recommends Denial of Class Certification in Funeral Industry Antitrust Litigation

Tuesday, November 25, 2008 General News
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BATESVILLE, Ind., Nov. 25 Hillenbrand, Inc.(NYSE: HI) -- On Nov. 24, 2008, a magistrate judge in the United StatesDistrict Court in the Southern District of Texas (Houston) issuedrecommendations that plaintiffs' motions for class certification be denied intwo previously disclosed antitrust lawsuits against Batesville Casket Co.,Inc. and Hill-Rom Holdings, Inc.
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As previously reported, a purported consumer advocacy group, the FuneralConsumers Alliance, and several consumers who had purchased Batesville casketshad filed a purported class-action lawsuit ("FCA Action") against BatesvilleCasket Company, Inc., Hill-Rom Holdings, Inc. (formerly known as HillenbrandIndustries, Inc.), and three of Batesville's funeral home customers, allegingthat the defendants violated the antitrust laws. A related lawsuit ("PioneerValley Action") was filed by a group of current and former independent casketretailers, alleging similar violations, purportedly on behalf of a class ofindependent casket retailers. Hearings on the plaintiffs' respective motionsfor class certification in those cases were held in December 2006 before themagistrate judge and briefing on the motion took place thereafter.
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On Nov. 24, 2008, the magistrate judge recommended that the motions forclass certification in both cases be denied. The plaintiffs in each case have10 court days (which may be extended) to file objections to the magistratejudge's recommendations with the United States district judge. If the districtjudge accepts the magistrate judge's recommendations and denies classcertification, plaintiffs may petition the United States Court of Appeals forthe Fifth Circuit for leave to appeal.

For further information and background on these cases, please refer toHillenbrand's most recent SEC Form 10-Q.

About Hillenbrand, Inc.

Hillenbrand, Inc. (www.HillenbrandInc.com) is the holding company forBatesville Casket Company, a leader in the North American death care industrythrough the sale of funeral services products, including burial caskets,cremation caskets, containers and urns, selection room display fixturing andother personalization and memorialization products. HI-INC-C

SOURCE Hillenbrand, Inc.
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