Supreme Court Justice Clarence Thomas Raises Concerns about Legitimacy of Mass-Tort Bellwether Trials
Washington D.C. – U.S. Supreme Court Justice Clarence Thomas has expressed his concerns about the binding nature of mass-tort bellwether trials in multidistrict litigation. In a recent dissent from the Supreme Court’s decision to deny certiorari in an appeal by E.I. du Pont de Nemours & Co., Thomas voiced his “serious doubts” about using bellwether trials to prevent defendants from relitigating issues that have already been decided in lawsuits by different plaintiffs. The issue arose in a class action suit filed by 80,000 residents who sued E.I. du Pont de Nemours & Co. over the … Read more