Home Attorneys & Law Of Mass Torts, Multidistrict Litigation, and Collateral Estoppel: Notes on Justice Thomas’s Dissent from the Denial of Certiorari in E.I. du Pont de Nemours & Co. v. Abbott

Of Mass Torts, Multidistrict Litigation, and Collateral Estoppel: Notes on Justice Thomas’s Dissent from the Denial of Certiorari in E.I. du Pont de Nemours & Co. v. Abbott

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Of Mass Torts, Multidistrict Litigation, and Collateral Estoppel: Notes on Justice Thomas’s Dissent from the Denial of Certiorari in E.I. du Pont de Nemours & Co. v. Abbott


All eyes are focused on the most important cases as the Supreme Court’s current term nears its end. By the time the Court adjourns in the summer of 2018, it will have ruled on the cases of former president Donald Trump’s prosecution (and the subsequent path for the next presidential election), scope of administrative state and other consequential issues and controversial questions, including another case concerning the legality or abortion.
Amid the tumult, it’s easy to overlook the “ordinary” cases before the Court. As Civil Procedure professors, we were intrigued by the Court’s disposition of E.I. du Pont de Nemours & Co. v. Abbott (“Du Pont”) late last year. The Court denied Du Pont’s request to review the United States Court of Appeals for the Sixth Circuit’s judgment affirming the jury’s $40 million award in favor of plaintiffs, a married couple, asserting negligence claims against Du Pont. The plaintiffs’ claims arose after lengthy litigation over Du Pont’s discharge of perfluorooctanoic acid, a toxic “forever” chemical, into the Ohio River, landfills, and air surrounding the company’s plant in West Virginia.
Du Pont The case… The…



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