They spent nearly a billion because a 4-4 court without Scalia, in other words, would be less company-friendly. “The cases come along”.
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.
“It is unlikely that any nominee will be as favorable to business as Justice Scalia was”, Gordon said in an e-mail.
Dow added that it “continues to strongly believe that it was not part of any conspiracy and the judgment was fundamentally flawed as a matter of class action law”. “There are still people being considered for inclusion on the list of people that the president may consider for filling a Supreme Court vacancy”.
The letter dated February 16 said Scalia’s many “significant medical conditions led to his death”, Ponton said.
“Said Cinderella Guevara, presiding judge of a county court, who had pronounced him dead, “…the death certificate will say that he died of natural causes with myocardial infarction, better known as a heart attack, being a contributing factor”.
The company was found liable in 2013 by a Kansas jury of allegedly conspiring to fix prices for polyurethane, an industrial chemical used in everything from packaging to auto interiors.
“It looks like you will be at eight for a while though”, Williams said.
The court is left with only eight members until President Obama nominates Scalia’s successor and the Senate approves that choice. Split decisions revert to the lower court’s opinion, such as the federal court in Kansas which ruled against Dow. Dow agreed to settle by paying US$835 million.
What is interesting here is how Dow described this settlement. Comparing the situation to a 1944 Supreme Court decision upholding President Franklin Roosevelt’s creation of Japanese internment camps, Breyer said the court has fallen more on the side of habeus corpus, the Constitutional right to seek relief form unlawful imprisonment.
Now the settlement will put the case to an end.