Circuit judge dissents on nonmutual offensive estoppel

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 18, 2023 9:41 AM

After DuPont lost three trials about perfluorooctanoic acid contamination — including two bellwether trials in multidistrict litigation — a district judge in Ohio concluded that nonmutual offensive collateral estoppel blocked DuPont from relitigating the elements of duty, breach and general causation when Travis Abbott sued the company for allegedly causing his testicular cancer.The MDL involved 3,500 cases where the plaintiffs alleged they were injured by leaks of this “forever chemical” from a facility where DuPont …

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