(November 20, 2023, 10:38 AM EST) -- WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 20 refused to hear a case brought by E.I. du Pont de Nemours & Co. in which the company contended that a lower court’s decision affirming a $40 million per- and polyfluoroalkyl substances XE "per- and polyfluoroalkyl
substances" (PFAS) verdict against it is “deeply flawed” because it misapplies Supreme Court precedent by allowing the results of “a handful of early trials to preclude trial on key issues across an entire” multidistrict litigation. Justice Clarence Thomas authored a dissent, saying he would have granted review because “expansive use of nonmutual offensive collateral estoppel in the MDL context raises serious due process concerns.”...