In re Urethane Antitrust Litigation
On September 29, 2014, Bancroft secured victory before the Tenth Circuit in In re Urethane Antitrust Litigation, 768 F.3d 1245 (10th Cir. 2014). Bancroft successfully defended on behalf of a class of businesses a $1.06 billion verdict against defendant Dow Chemical Co., which a jury found to have engaged in an unlawful price-fixing conspiracy with respect to billions of dollars of commerce in commodity urethane chemicals. On appeal, Dow raised a number of sweeping challenges to the certification of the class, the admission of expert testimony, and the damages award. The Tenth Circuit unanimously rejected each of those arguments, holding that the class had been properly certified, that the plaintiffs’ expert testimony was admissible and reliable, and that the damages methodology was reasonable. Bancroft also successfully opposed rehearing en banc and continues to represent the plaintiffs before the Supreme Court in Dow Chemical v. Industrial Polymers, No. 14-1091. Paul D. Clement argued the case before the Tenth Circuit and Jeffrey M. Harris has assisted in the representation of the plaintiffs.