Denver, Colorado – Dow Chemical’s bid to have a class action price-fixing suit struck out of court based on evidence plaintiffs invoked the Fifth Amendment has been denied.
As reported in Urethanes Technology International/UTECH-polyurethane.com previously, Dow launched an appeal after it was fined more than $1.1bn for the price fixing conspiracy.
The company’s co-defendants including BASF, Bayer, Lyondell and Huntsman settled with the plaintiffs without admitting liability. Dow singlehandedly continued to fight the 2004-consolidated action price-fixing claim involving 2400 purchasers.
Dow had hoped that its claim that some companies suing under the class action colluded in anti-competitive dealings before invoking the amendment to escape detection would lead to the dismissal of the case.
But court papers this week (Case Number:04-1616-JWL) stated: “The court does not agree the defendant suffered substantial prejudice from the invocations of the privilege here…the defendant has not shown that those invocations have interfered with the Court’s docketing or the judicial process in general.”