In re E. I. du Pont de Nemours and Company C-8 Personal Injury Litigation

Case Updates

Sixth Circuit denied the mandamus petition challenging an issue-preclusion order barring the MDL defendant from presenting individualized defenses based upon the outcomes in bellwether trials. The Sixth Circuit stated that Du Pont “has made a vigorous and perhaps compelling argument that the district court erred as a matter of law,” but that was not enough to satisfy the clear and indisputable standard for mandamus relief. The U.S. Chamber filed an amicus brief supporting the mandamus petition.

The Sixth Circuit ordered plaintiffs to respond to a mandamus petition challenging an issue-preclusion order barring the MDL defendant from presenting an individualized defenses based upon the outcomes in bellwether trials.

Click here to view the Chamber’s brief. The District Court barred an MDL defendant in mass tort litigation from presenting individualized defenses based upon the outcomes in bellwether trials—notwithstanding clear Supreme Court and other precedent to the contrary.

Brian D. Schmalzbach and Travis C. Gunn of McGuire Woods LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.