Fine, Kaplan and Black, R.P.C.

IN RE URETHANES ANTITRUST LITIGATION

Since 2004, Fine, Kaplan and Black has served as co-lead counsel in the Urethanes Antitrust Litigation, an antitrust class action alleging price-fixing of certain urethane chemical products by five leading manufacturers -- Dow, Bayer, BASF, Hunstman and Lyondell. The partners who have been active in the prosecution of this case are Don Perelman, Roberta Liebenberg, Jerry Dever, Matt Duncan and Paul Costa.

After eight years of litigation and a four-week trial in early 2013, Plaintiffs' Trial Team obtained a jury verdict in excess of $400,000,000 against Dow. In May, 2013, the Court entered judgment for $1.1 billion after trebling -- the largest antitrust judgment in 2013 and the largest price-fixing verdict ever. In September 2014, The Tenth Circuit affirmed the judgment.

Fine Kaplan has led this litigation as Co-Lead Counsel for more than 9 years:

  • Discovery: Under the supervision of partners Don Perelman, Jerry Dever, Paul Costa and Matt Duncan, our firm oversaw the extensive discovery in this case. Based on detailed analysis of telephone records, expense reports and defendants' documents, plaintiffs were able to present convincing evidence of the alleged conspiracy to the jury.

  • Experts: Partners Roberta Liebenberg, Jerry Dever and Matt Duncan were responsible for the expert work. Along with co-counsel Joe Goldberg of Freedman Boyd Hollander, these Fine Kaplan attorneys worked closely with plaintiffs' experts throughout the case, including the submission of multiple expert reports, successfully opposing Dow's Daubert motions and presenting the experts at trial.

  • Briefing: The Fine Kaplan team collectively was responsible for all major briefing in this case, resulting in significant victories and frequently-cited precedent. These decisions included certification of the class (251 F.R.D. 629 (D. Kan. 2008)); denial of summary judgment (913 F. Supp. 2d 1145 (D. Kan. 2012)); denial of Daubert motions against our experts (2012 WL 6681783 (D. Kan. Dec. 21, 2012)); and denial of post-trial motions (2013 WL 2097346 (D. Kan. May 15, 2013) and 2013 WL 3879264 (D. Kan. July 26, 2013)).