No. 23-13October Term 2023Decided Nov 20, 2023
E. I. du Pont de Nemours & Co. v. Abbott
This case involves a dispute over whether the results of a few early test trials in a large multi-district litigation can prevent a defendant from defending against liability in thousands of subsequent cases brought by different plaintiffs.
Case status
- Current stage
- Decided
- Latest event
- Decision released Nov 20, 2023
- What it's about
This case involves a dispute over whether the results of a few early test trials in a large multi-district litigation can prevent a defendant from defending against liability in thousands of subsequent cases brought by different plaintiffs. Specifically, DuPont challenges the lower court's use of nonmutual offensive collateral estoppel to bind it to adverse findings on duty, breach, and foreseeability from previous bellwether trials.
Question presented
Whether nonmutual offensive collateral estoppel can be applied to make the results of a handful of unrepresentative bellwether trials binding on the defendant in all pending and future cases in a multi-district litigation?
- Case path
United States Court of Appeals for the Sixth Circuit / Decision released Nov 20, 2023
- Area
Decided Supreme Court case
Documents
Related cases




Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Mar 30, 2026
- Method
- Methodology