E.I. DuPont de Nemours v. Abbott


(U.S., filed August 4, 2023): Arguing that the expansion of offensive nonmutual collateral estoppel to mass tort bellwether trials is a question of exceptional importance. The lower court’s unprecedented contraction of defendants’ trial rights violates core constitutional guarantees. The lower court’s holding threatens the bellwether system that is critical to managing the massive federal MDL docket and controlling litigation costs for American businesses. 

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