STORY FROM: Benzene & Emerging Toxic Torts Litigation

6th Circuit Denies Petition Seeking Review of C-8 MDL Court’s Order on Collateral Estoppel

CINCINNATI –– The 6th Circuit U.S. Court of Appeals has denied E.I. duPont de Nemours and Company’s petition for writ of mandamus of an MDL Court order awarding C-8 plaintiffs summary judgment on the application of collateral estoppel to certain issues, finding that mandamus remedy is not a substitute for appeal and that “DuPont will have a right to appeal after trial and can raise these legal arguments in that appeal.”

In its Jan. 21 order, the 6th Circuit also found that the defendant has not alleged “unusual, unreasonable, or irreparable damage or prejudice that will result from the district ...

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