No. 23-13
E.I. du Pont de Nemours & Co. v. Travis Abbott, et ux.
Tags: bellwether-trials civil-procedure collateral-estoppel due-process judicial-procedure multidistrict-litigation representative-sample representativeness
Latest Conference:
2023-11-17
(distributed 7 times)
Question Presented (from Petition)
Whether nonmutual offensive collateral estoppel can be applied to make the results of a handful of unrepresentative bellwether trials binding on the defendant in all pending and future cases in an MDL.
Question Presented (AI Summary)
Whether nonmutual offensive collateral estoppel can be applied to make the results of a handful of unrepresentative bellwether trials binding on the defendant in all pending and future cases in an MDL
Docket Entries
2023-11-20
Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari. Justice Alito took no part in the consideration or decision of this petition. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion)
2023-11-13
DISTRIBUTED for Conference of 11/17/2023.
2023-11-06
DISTRIBUTED for Conference of 11/9/2023.
2023-10-30
DISTRIBUTED for Conference of 11/3/2023.
2023-10-23
DISTRIBUTED for Conference of 10/27/2023.
2023-10-10
DISTRIBUTED for Conference of 10/13/2023.
2023-10-02
DISTRIBUTED for Conference of 10/6/2023.
2023-08-30
Reply of petitioner E.I. du Pont de Nemours & Co. filed. (Distributed)
2023-08-30
DISTRIBUTED for Conference of 9/26/2023.
2023-08-15
Brief of respondents Travis Abbott, et al. in opposition filed.
2023-08-04
Brief amicus curiae of Washington Legal Foundation filed.
2023-08-04
Brief amici curiae of 3M, et al. filed.
2023-08-04
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
2023-08-04
Brief amici curiae of DRI Center for Law and Public Policy and Lawyers for Civil Justice filed.
2023-07-31
Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
2023-07-31
Motion to extend the time to file a response is granted and the time is extended to and including August 15, 2023, for all respondents.
2023-07-28
Motion to extend the time to file a response from August 4, 2023 to August 15, 2023, submitted to The Clerk.
2023-06-30
Petition for a writ of certiorari filed. (Response due August 4, 2023)
2023-05-09
Application (22A860) granted by Justice Kavanaugh extending the time to file until June 30, 2023.
2023-05-05
Application (22A860) to extend further the time from June 1, 2023 to June 30, 2023, submitted to Justice Kavanaugh.
2023-04-03
Application (22A860) granted by Justice Kavanaugh extending the time to file until June 1, 2023.
2023-03-29
Application (22A860) to extend the time to file a petition for a writ of certiorari from May 2, 2023 to June 1, 2023, submitted to Justice Kavanaugh.
Attorneys
3M, Bayer, GlaxoSmithKline, Johnson & Johnson, Tyco Fire Products and Medtronic
Chamber of Commerce of the United States of America, the American Tort Reform Association, the American Chemistry Council, and Business Roundtable
Brian David Schmalzbach — McGuireWoods LLP, Amicus
DRI Center for Law and Public Policy and Lawyers for Civil Justice
Mary Massaron — Plunkett & Cooney, P.C., Amicus
E.I. du Pont de Nemours & Co.
Paul D. Clement — Clement & Murphy, PLLC, Petitioner
Product Liability Advisory Council, Inc.
Mark Alan Behrens — Shook, Hardy & Bacon L.L.P., Amicus
Travis Abbott, et al.
Matthew W.H. Wessler — Gupta Wessler LLP, Respondent
Washington Legal Foundation
Jonathan S. Tam — Dechert LLP, Amicus