Dow Chemical settles case citing Supreme Court uncertainty


MIDLAND, Mich. (AP) — Dow Chemical says it will pay $835 million to settle a long-standing class action lawsuit, after the death of Justice Antonin Scalia decreased its chances of prevailing at the Supreme Court.

The company was found liable in 2013 by a Kansas jury of allegedly conspiring to fix prices for polyurethane, an industrial chemical. Dow had petitioned the Supreme Court to reconsider the judgment.

But the company said about the court’s current lineup has “increased the likelihood for unfavorable outcomes for business involved in class action suits.”

Following Scalia’s death earlier this month, the court is now evenly split 4-4 between justices who are usually conservative and those who are liberal. President Barack Obama says he will nominate a replacement, but Senate Republicans have vowed not to consider his pick.

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