6th Cir. Upholds $40 Million Verdict in DuPont C-8 Testicular Cancer Case

CINCINNATI — A 6th Circuit U.S. Court of Appeals panel majority has upheld a $40 million verdict in which an Ohio jury found that DuPont’s alleged C-8 contamination of water sources from its West Virginia plant caused a man’s testicular cancer.

In a Dec. 5 opinion, the majority concluded that the trial court properly applied collateral estoppel to specific issues that were unanimously resolved in the three prior jury trials, excluded certain evidence from the trial based on the initial settlement agreement, and rejected DuPont’s motion for a directed verdict on its statute-of-limitations defense.

In the 1950s, E. …