The U.S. Supreme Court on Monday refused to review a $40 million verdict against E.I. du Pont de Nemours & Co, preserving a legal win for an Ohio man who said toxic “forever chemicals” released by the company into drinking water caused his cancer.
The thing is 0² is quite reactive and the bonds are usually pretty easy to break. Compare that to fluorine-carbon bonds and you’ll see why this is an issue.
The U.S. Supreme Court on Monday refused to review a $40 million verdict against E.I. du Pont de Nemours & Co, preserving a legal win for an Ohio man who said toxic “forever chemicals” released by the company into drinking water caused his cancer.
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The 6th Circuit upheld the lower court’s decision, finding it was right to conclude that DuPont’s behavior impacted the plaintiffs in virtually identical ways, so it was appropriate to bar the company from relitigating arguments it had repeatedly lost before.
In this case, refusing to review the case protected the win for the plaintiff and shut down DuPont’s attempt to avoid paying.
Of course, Thomas and Kavanaugh did some brown-nosing for their corporate overlords:
Dissenting from the high court’s decision not to grant review, Justice Clarence Thomas said Monday the bellwether trials were not meant to be representative of all the cases in the multidistrict litigation, and DuPont should not have been barred from contesting elements of negligence found in those earlier cases.
Justice Brett Kavanaugh said he would have heard the case.
Whenever the Supreme Court won’t take a case, it’s important to see why. It always defers to a lower court’s ruling. And a lot of the time it’s the opposite of what you may think, which is good in the end.
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