Court Agrees to Stay $1.06 Billion Judgment, Pending an Appeal

In In Re Urethane Antitrust Litigation, Kansas District Court Judge John W. Lungstrum stayed a $1.06 billion class action judgment against Dow Chemical Co. while it appeals the decision.  The class action was part of the multidistrict litigation that purchasers of polyether polyol brought against Dow and several other companies, including Bayer AG, BASF SE and Huntsman International LLC., accusing the companies of fixing the price of chemicals used to make urethane foam.  Dow is appealing the judgment against it to the Tenth Circuit, arguing that the court improperly refused to decertify the class, and improperly calculated the amount of damages.  According to Dow, the court should not have trebled the entire $400 million jury verdict against it, but instead, should have trebled the damages awarded for each class member individually.

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