Dow Tells 10th Circ. Urethane Buyers Can't Clear Class Bar

Law360, New York (March 10, 2014, 2:57 PM EDT) -- The Dow Chemical Co. told the Tenth Circuit Friday that urethane buyers who won a $1.06 billion price-fixing judgment against the company didn't pass the test for class certification because they couldn't prove both a conspiracy and injury to the class members through common evidence.

Dow lodged its reply brief urging the appeals court to overturn the sizeable antitrust judgment, arguing that the plaintiffs couldn't clear the class certification bar laid out by recent U.S. Supreme Court precedent.

The plaintiffs, who won a trebled $400 million...
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