Dow Will Pay $1.2 Billion to Urethane Buyers, as Tenth Circuit Affirms Judgment

Dow Chemical Co. was unable to overturn a $1.2 billion judgment for conspiring to fix prices in the urethane market, as a court of appeals could find no error in either the jury’s damages award or the district court’s judgment (In re Urethane Antitrust Litigation, 2014 BL 269619, 10th Cir., 13-3215, 9/29/14).

Judge Robert E. Bacharach, of the U.S. Court of Appeals for the Tenth Circuit, held that the district court did not err in refusing to decertify the class, as Dow requested, or allowing the testimony of the plaintiffs’ expert. He further determined that the evidence was ...