Scalia


Companies Forced to Rethink U.S. High Court Class Action Strategy

Lawyers for companies trying to fend off costly class action lawsuits are rethinking longstanding legal strategies after businesses lost two key U.S. Supreme Court cases as well as their staunchest supporter on the bench. At the start of the court’s term in October, the business community had reason to believe the justices would further pare back class action litigation after rulings …


The Future of Class Actions: The Impact of Justice Scalia’s Death on Upcoming Rulings

There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his originalist positions and scathing dissents. He was also the fifth conservative vote on a court that now finds itself divided, which has not only set off a bitter political fight regarding his …


With Scalia Gone, Defendants Lose Hope for Class Action Reprieve

(Reuters) – Carter Phillips of Sidley Austin is one of the most experienced U.S. Supreme Court litigators in the country. According to his official bio, Phillips has argued 74 cases before the justices, more than anyone else in private practice, but if you hire Phillips, you’re not just paying for his quick thinking at the podium. You want his strategic advice about how – and whether – you can …


Dow Chemical Settles Lawsuit After Supreme Court Death

Dow Chemical agreed to settle a class action lawsuit after determining the death of Supreme Court Justice Antonin Scalia made victory less likely. The company agreed to pay $835m (£602m) – less than the $1.06bn a court in Kansas ordered it to pay in 2013. Dow was hoping the Supreme Court would overturn the ruling, but the death of Justice Scalia left it evenly spilt between conservatives and …


Dow Chemical Settles Case Citing Supreme Court Uncertainty

Dow Chemical said Friday it will pay $835 million to settle a long-standing class action lawsuit, after the death of Justice Antonin Scalia decreased its chances of prevailing at the Supreme Court. The announcement is an early indication of how corporations are shifting their legal strategy following the loss of the court’s 5-4 conservative majority. “I think most corporations facing class …