Plaintiffs brought suit in 2008 against urethane chemical makers accusing the manufacturers of conspiring to fix prices of polyether polyol products that are used in, among other applications, urethane foam. Infotech Consulting was hired to calculate damages to Plaintiffs due to the illegal price-fixing scheme. Four Defendants in the class action case settled before trial. However, Dow Chemical took the case to trial. Dr. McClave presented his analysis of damages arising from the price-fixing actions of the Defendants to a federal jury in Kansas City, Kansas in February, 2013. The case went to the jury and the jury reached a $400 million verdict against Dow Chemical. The $400 million verdict was trebled and U.S. District Judge, John Lungstum, entered a judgement against Dow Chemical in the amount of $1.06 billion. Dow Chemical appealed the judgment, but the appeal was denied. Dow then petitioned the U.S. Supreme Court but settled with Plaintiffs for $835 million before the petition was heard. In total, the class Plaintiffs recovered nearly one billion in damages.
In re: Urethane Antitrust Litigation, No. 04-MD-1616-JWL (Kansas)