U.S. Supreme Court Refuses to Review Offensive Collateral Estoppel Ruling in C-8 MDL

WASHINGTON, D.C. – The U.S. Supreme Court has refused to review the 6th Circuit U.S. Court of Appeal’s affirmation of a $40 million verdict in which an Ohio jury found E.I. Du Pont De Nemours & Co.’s C-8 contamination of water sources from its West Virginia plant caused a man’s testicular cancer.

On Nov. 20, the court majority denied DuPont’s petition for certiorari, in which it argued that nonmutual offensive collateral estoppel should not be applied to make the results of bellwether trials binding on the company in all pending and future cases in the C-8 water contamination multidistrict litigation.