Dow Chemical Settles Lawsuit, Citing Supreme Court Position After Scalia''s Death


Dow Chemical said in a statement that changes in the court meant an “increased likelihood for unfavorable outcomes for business involved in class-action suits”, which changed how the company viewed its chances of success. The final judgment in the case was reduced to reflect $139 million in settlements with the other defendants before trial.

In its petition to the Supreme Court, the company cited a 2011 class action involving Walmart and a 2013 case involving Comcast.
The announcement is an early indication of how corporations are shifting their legal strategy following the loss of the court’s 5-4 conservative majority. Monahan, who also attends to members of the Congress and the Supreme Court, said that Scalia was suffering from “more than half-dozen ailments, including sleep apnea, degenerative joint disease, chronic obstructive pulmonary disease and high blood pressure”. Presently, Dow has a Petition for a Writ of Certiorari pending before the United States Supreme Court seeking to set aside the $1.06 billion judgment.
The vote comes after Democrats rallied in front of the Supreme Court Thursday repeatedly urging Republicans to “do your job” by allowing the president’s pick to get a hearing and a vote.
Dow, the largest US chemical maker by sales, said Friday the accord will resolve its challenges to a $1.06 billion award to purchasers of compounds for urethanes, chemicals used to make foam upholstery for furniture and plastic walls in refrigerators. Now it has asked the court to put its petition on hold until it finalizes its settlement.
MADISON, Wis. (AP) – The question over whether a vacancy should be filled this year on the U.S. Supreme Court is becoming an issue in the nonpartisan race for Wisconsin’s Supreme Court. The company asked the U.S. Supreme Court to review the lower court’s ruling.
The Dow Chemical Co. will pay $835 million to settle a polyurethane price-fixing lawsuit, according to a Reuters report.
Dow’s statement said that the charges of price fixing had been investigated by the Justice Department, which had closed its probe in 2007 without taking any action against Dow.