DuPont Seeks High Court Review of Offensive Collateral Estoppel Ruling in C-8 MDL

WASHINGTON, D.C. - E.I. DuPont de Nemours & Co. has asked the U.S. Supreme Court to review a 6th Circuit panel majority’s affirmation of a $40 million verdict in which an Ohio jury found the company’s alleged C-8 contamination of water sources from its West Virginia plant caused a man’s testicular cancer.

In a June 30 petition for certiorari, DuPont argues 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.

DuPont argues that the 6th Circuit …