DuPont Petitions the Sixth Circuit for a Full Review of a Decision Precluding Future Litigation in PFAS-related MDL

E. I. du Pont de Nemours (“DuPont”) petitions the Sixth Circuit to sit en banc and reconsider a three-judge panel’s ruling upholding a decision that granted the plaintiffs damages on their PFAS-related negligence claims and barred DuPont from relitigating several issues decided in previous litigation. Since the three-judge panel did not limit preclusion to only the identical issues between the cases, DuPont asserts that the present ruling conflicts with the black-letter law that collateral estoppel (i.e., issue preclusion) is inappropriate where divergent facts could lead juries to reach different conclusions – especially given the potentially broad and diverse circumstances of future plaintiffs in future, expansive multidistrict litigation.

January 3, 2023 | In re: E. I. du Pont de Nemours & Co. C-8 Personal Injury Litigation Case No. 21-3418 (6th Cir.)

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