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Tuesday, March 1st, 2016

Dow Chemical Would Rather Pay $835 Million Than Take Its Chances With a Scalia-less Supreme Court

Author:     Michael Arria
Source:     Alternet (U.S.)
Publication Date:     February 28, 2016
 Link: Dow Chemical Would Rather Pay $835 Million Than Take Its Chances With a Scalia-less Supreme Court
Stephan:   Here is evidence in support of the points made in the previous article. This is why, even if one puts aside climate change, the collapse of the Middle East, and the U.S. becoming a post-middle class society the 2016 election is so important. We are a nation grounded in the principle of an interpretation of the law. Interpretations change and the next President is going to get three or four chances to determine the law of the next generation.
President Ronald Reagan and then Supreme Court nominee Antonin Scalia

President Ronald Reagan and then Supreme Court nominee Antonin Scalia Credit: Wikimedia

In a move that highlights a notorious aspect of Antonin Scalia’s legal legacy, Dow Chemical has decided to settle an antitrust case for millions of dollars rather than trying to overturn a jury award.

The company was planning to challenge a $1.06 billion award to purchasers of compounds for urethanes, chemicals that are used to make foam upholstery. A jury found that Dow conspired with four other companies to fix urethane prices. Dow disputed the decision and asked the Supreme Court to take the case on appeal.

But now with the death of Justice Antonin Scalia, the corporation has changed its mind. Scalia had a long history of siding with companies over group suits like this one. Scalia wrote the 5-4 ruling in 2011 that stated female workers could not sue Wal-Mart for gender discrimination. In 2013 he was the deciding vote to protect Comcast from a monopoly suit. […]

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1 Comment

  1. David Bean on Tuesday, March 1, 2016 at 1:13 pm

    Good use of language, Stephan: ‘post middle-class society’. I recall when ‘middle-class’ was an economic, not a political term.

    I am doing my best to have friends read: Postcapitalism…… along the same lines. BBC author and reporter Paul Mason says capitalism’s ability to adjust is at an end. He is no Lenin proposing what the next phase ‘must be’, but since he has covered the bank looting in Cypress and the country looting of Greece, he has reported on the big shapes. Networking drives the price toward zero and that is not bad in the time of global warming……….. but can we digest that fact, or can we digest benefit that robots might provide? Or comprehend the UBI?

    Switching back to Scalia, we might ask if the law has improved or worsened during his tenure, the last thirty years…. as we have abjectly walked away and forgotten the constitution and bill of rights. Money is speech, Mr Scalia? If so, then words then must equal money. “It all depends upon what the meaning of is, is.” to coin a phrase. What a big personality he must have had, or as Voltare said: ~ Those who can make you believe absurdities, can make you perform atrocities.