On November 20, 2023, the Supreme Court declined to review a deeply flawed Sixth Circuit decision in a multi-district litigation (MDL) proceeding. Justice Kavanuagh would have granted the petition, and Justice Thomas dissented from the denial. The denial was a disappointment for WLF, which filed an amicus brief urging review. WLF’s brief had argued that due process prevents a district court overseeing an MDL from applying nonmutual offensive collateral estoppel to make the results of a handful of bellwether trials binding on every other pending or future case in the MDL. WLF’s brief was prepared with generous pro bono support from Jonathan Tam, Matthew Steinberg, and Allison Ozurovich of Dechert LLP.
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