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No. 23-13October Term 2023Decided Nov 20, 2023

Docket 23-13October Term 2023 (2023–2024)

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
Case Accepted
Arguments
Decision ReleasedNov 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