Dow Chemical Co. v. Industrial Polymers, Inc.
- Case Date: 4/8/2015
- Project Name: Class Action Reform
On February 25, 2016, the parties entered into a settlement agreement to resolve this class action litigation. The agreement is conditioned on the Supreme Court’s agreeing to hold Dow’s petition for certiorari in abeyance and the subsequent approval of the terms of the proposed settlement by the district court. Before the parties agreed to settle their dispute, WLF filed a brief in the U.S. Supreme Court, urging it to review an appeals court decision that allowed reliance on “inferences” or “presumptions” of class-wide harm to certify a class that includes numerous members who never suffered an injury caused by the defendant. The case arose from a $400 million jury verdict (trebled under federal antitrust law to more than $1 billion) in a nationwide class action on behalf of approximately 2,400 industrial purchasers of polyurethane products.
|Parties’ joint motion to hold the petition in abeyance pending.|
More Information and Downloads:
4/8/2015: Download the Brief