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Supreme Court rejects appeal from foam makers

Manufacturers are fighting a $9 billion class action.

March 2, 2015   by ASSOCIATED PRESS

WASHINGTON — The Supreme Court won’t hear an appeal from a group of flexible foam manufacturers challenging one of the largest class action lawsuits ever certified.

The justices let stand a lower court ruling that allowed a lawsuit to go forward that seeks more than $9 billion in damages against Carpenter Co., Woodbridge Foam Corp. and others.

Buyers of flexible foam products including seat cushions, foam pillows and mattresses allege the manufacturers were involved in a decades-long conspiracy to fix the price of polyurethane foam.

The companies claim there is not enough in common between various purchasers of the foam products to allow a class action to proceed. The 6th US Circuit Court of Appeals rejected that argument.


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