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Dow Deal Shows Post-Scalia Court Spooks Class Defendants

Law360, New York (February 26, 2016, 10:21 PM EST) -- With its Friday decision to settle an antitrust class action for $835 million rather than fight the case before an eight-member U.S. Supreme Court, Dow Chemical gave the legal world a concrete example of how Justice Antonin Scalia’s death will make many class defendants rethink their risks, experts say.

The Dow Chemical Co. acknowledged in a statement that “political uncertainties” and changed dynamics on the post-Scalia Supreme Court drove its choice to stop seeking high court review of a $1.06 billion urethane price-fixing judgment. Other companies...
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