Washington – The US Supreme Court has rejected a bid by a group of companies that sought to invalidate the class action they faced for price fixing polyurethane foam products.
The companies – including Woodbridge Foam Corp and Carpenter – had wanted a judicial review of a lower court's decision on the basis that the class certification standards applied by different circuit courts were not compatible.
The request for a judicial review was based on their view that a decision by a 6th Circuit court to allow the separate classes - direct and indirect purchasers - to sue for damages meant the defendants faced paying out up to $9bn to “millions of class members with nothing in common other than the fact that they purchased products containing polyurethane foam.”
However, the appeals court refused to review the lower court's decision.
Woodbridge et al asked for the judicial review (known as a writ of certiorari in the US) in November 2014 and, on 23 December 2014, foam buyers asked the Supreme Court to deny their request.
The case is Carpenter Co v Ace Foam Inc, US Supreme Court No: 14-577.