$1.2B in Damages - Expert Challenges Fail to Decertify Class

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Expert challenges asserted as part of a post-trial motion to decertify a class came too little, too late after a jury awarded plaintiffs over $400 million in damages in a high profile antitrust case.

In what seemed like a series of unfortunate events for defendant, chemical giant The Dow Chemical Company, U.S. District Judge John W. Lungstrum on May 15 denied two post-trial motions, including a request by Dow to decertify the class based on arguments that one expert’s report was insufficient in the wake of the Supreme Court’s March 27, 2013 decision in Comcast Corp. v. Behrend.

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