UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.  20549
 
FORM 8-K
 
CURRENT REPORT
 
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 
Date of Report (Date of earliest event reported):  September 18, 2012
 
HILLENBRAND, INC.
(Exact Name of Registrant as Specified in Charter)

Indiana	 	1-33794	 	26-1342272	
(State or Other Jurisdiction of
Incorporation)	 	(Commission File Number)	 	(IRS Employer Identification
No.)	

One Batesville Boulevard
Batesville, Indiana	 	47006	
(Address of Principal Executive Office)	 	(Zip Code)	
 
Registrant’s telephone number, including area code: (812) 934-7500
 
Not Applicable
(Former Name or Former Address, if Changed Since Last Report)
 
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
 
o             Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
o             Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
o             Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
o             Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 
Item 8.01.  Other Events
 
On September 13, 2012 the United States Court of Appeals for the Fifth Circuit affirmed the denial of class certification in the previously disclosed lawsuit filed by the Funeral Consumers Alliance, Inc. (FCA) and a number of individual consumer casket purchasers against Batesville and our former parent company, Hillenbrand Industries, Inc., now Hill-Rom Holdings, Inc. (Hill-Rom), and three national funeral home businesses (the FCA Action).
 
Hillenbrand’s press release regarding this matter is filed as Exhibit 99.1 to this Current Report on Form 8-K.  The contents of such Exhibit are incorporated herein by reference.
 
Item 9.01.                   Financial Statements and Exhibits.
 
(d)           Exhibits.

Exhibit Number	 	Description	
 	 	 	
99.1	 	Press Release dated September 18, 2012, issued by Hillenbrand, Inc.	
 
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SIGNATURES
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 	HILLENBRAND, INC.	
DATE: September 18, 2012	 	 	
 	 	 	
 	BY:	/S/ Cynthia L. Lucchese	
 	Cynthia L. Lucchese	
 	Senior Vice President and	
 	Chief Financial Officer	
 	 	 	
DATE: September 18, 2012	 	 	
 	 	 	
 	BY:	/S/ John R. Zerkle	
 	John R. Zerkle	
 	Senior Vice President,	
 	General Counsel and Secretary	
 
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EXHIBIT 99.1

 
Hillenbrand, Inc. Reports the Fifth Circuit Court of Appeals Denies Class Certification in Funeral Industry Antitrust Litigation
 
BATESVILLE, Indiana, September 18, 2012 — /PRNewswire/ — On September 13, 2012 the United States Court of Appeals for the Fifth Circuit affirmed the denial of class certification in the previously disclosed lawsuit filed by the Funeral Consumers Alliance, Inc. (FCA) and a number of individual consumer casket purchasers against Batesville and our former parent company, Hillenbrand Industries, Inc., now Hill-Rom Holdings, Inc. (Hill-Rom), and three national funeral home businesses (the FCA Action).  The plaintiffs’ claim for attorney fees was remanded back to the District Court.
 
The FCA, a self-styled consumer advocacy group, had sought class certification in a lawsuit alleging that Batesville Casket Company and its three named customers had violated antitrust laws by Batesville limiting the sale of its Batesville Caskets to licensed funeral homes.  A U.S. District Court judge for the Southern District of Texas denied class certification on March 26, 2009 and the appellate court denied the subsequent petition for appeal on June 19, 2009.  Following the denial of class certification, the plaintiffs pursued claims for individual defendants, and those claims were ultimately dismissed by the District Court in their entirety on September 24, 2010.  Following dismissal of the lawsuit, the plaintiffs appealed the overall dismissal and the earlier denial of class certification to the United States Court of Appeals for the Fifth Circuit.  The recent ruling from the Fifth Circuit once again denied the certification of a class.
 
“We have prevailed at every step of the way with regard to class action, and are very pleased this matter was upheld once again by the courts, “said Kenneth A. Camp, Hillenbrand’s president and chief executive officer.  “For more than a century, our policy of selling caskets to licensed funeral directors operating licensed funeral homes has helped to ensure families receive quality products and services when they choose a Batesville casket.”
 
For further information and background on these cases, please refer to Hillenbrand’s most recent SEC Form 10-Q and to the rulings posted on our Web site, http://www.hillenbrand.com.
 
Hillenbrand (www.Hillenbrand.com) is a global diversified industrial company that makes and sells premium business-to-business products and services for a wide variety of industries. We pursue profitable growth and meaningful dividends for our shareholders by leveraging our leading brands, robust cash generation capabilities and strong core competencies. HI-INC-C
 
CONTACT
Chris Gordon, Director, Investor Relations
Phone: 812-931-5001
Email: chris.gordon@hillenbrand.com
 
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