Opt-Outs Can't Use Verdict Against Dow To Establish Conspiracy, Judge Rules

Opt-Outs Can't Use Verdict Against Dow To Establish Conspiracy, Judge Rules

KANSAS CITY, Kan. - Dow Chemical Co. is not precluded by the doctrine of collateral estoppel from relitigating the issue of the existence of a conspiracy in antitrust actions by direct-action plaintiffs (DAPS) who opted out of the class action in polyether polyol price-fixing litigation that ended in a $1 billion judgment against Dow, a federal judge in Kansas ruled Dec. 16, in denying the DAPs' motion for partial summary judgment (In re: Urethane Antitrust Litigation $(Polyether Polyol Case: Carpenter Co., et al. v. BASF SE, et al.$), MDL No. 1616, Nos. 04-MD-1616, 08-2617, D. Kan.).

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