STORY FROM: Benzene & Emerging Toxic Torts Litigation

DuPont Appeals C-8 MDL Court’s Order on Collateral Estoppel, Says Decision ‘Strips DuPont of Basic Defenses’

CINCINNATI –– DuPont has appealed a recent court order issued by the federal court overseeing the national multidistrict litigation docket for C-8 personal injury claims awarding plaintiffs summary judgment on the application of collateral estoppel to certain issues, arguing that it “strips DuPont of its basic defenses in impending trials and all current and future cases in this MDL and purports to foreclose DuPont’s rights of appeal.”

In a Dec. 16 petition for writ of mandamus filed with the 6th Circuit U.S. Court of Appeals, DuPont said the court’s decision precludes it from litigating core liability issues of duty and ...

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