U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

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.

Case Updates

Supreme Court denies writ of certiorari to consider the use of offensive nonmutual collateral estoppel to bellwether trials, over the noted dissent of two Justices

November 20, 2023

U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and reject application of nonmutual offensive collateral estoppel to bellwether trials. The U.S. Chamber previously filed four amicus briefs when this case was before the Sixth Circuit.

August 04, 2023

Click here to view the Chamber's coalition amicus brief.

Brian D. Schmalzbach of McGuireWoods LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents