Dow Chemical Co's agreement to pay $835 million to settle a price-fixing dispute provides evidence that Justice Antonin Scalia's death is a blow to businesses that have had success recently in challenging class action cases at the U.S. Supreme Court.
Dow, in the process of merging with Dupont, settled the decade-long dispute rather than risk its fate being decided by a shorthanded, eight-justice court missing, in Scalia, a reliable vote in support of companies in class action cases.
The Dow dispute, in which it was accused of conspiring to artificially inflate polyurethane prices, had been on hold at the high court pending the outcome of another case.