Dow had planned to appeal the case to the Supreme Court, confident that the high court’s consistent 5-4 split (with Scalia’s considerable weight favoring business and other conservative causes regardless of the precedent or even logic involved) would play out in their favor. Upon news of the famously hard line conservative judge’s death, however, Dow quickly did an about face and decided to accept a slightly lower settlement of $835 million and be done with it, rather than take their chances with a tie in the Supreme Court, which would by default uphold the lower court’s ruling.