The outcome of this appeal turns on our interpretation of the Supreme Court s recent decision in J. McIntyre Machinery, Ltd. v. Nicastro specifically whether that decision renders our stream-of-commerce approach to personal jurisdiction improper. Finding that application of the stream-of-commerc...   MORE>>

Appeal from a judgment of the United States District Court for the Eastern District of New York, Carol Bagley Amon, Judge, dismissing plaintiffs' claims against cigarette manufacturer for negligence, strict liability, breach of warranty, and medical monitoring with respect to increased risk of cance...   MORE>>

George Donner sued Alcoa, Inc., in Missouri state court. Donner alleged he contracted pulmonary fibrosis after working with aluminum for many years and that Alcoa failed to warn him of the dangers associated with the use of its aluminum products. After Alcoa removed the case to federal court, Donner...   MORE>>

In this products liability action, Linda Secrest appeals from a judgment of the United States District Court for the Southern District of New York (Keenan, J.) granting summary judgment on Secrest s claim that Merck, Sharp & Dohme Corp. failed to issue adequate warnings regarding the risks ass...   MORE>>

In November 1999, Wyeth L.L.C. ( Wyeth ) entered into a nationwide class action settlement agreement (the Settlement Agreement ) with the users of certain diet drugs linked to various health problems. The United States District Court for the Eastern District of Pennsylvania certified the ...   MORE>>

In November 1999, Wyeth L.L.C. ( Wyeth ) entered into a nationwide class action settlement agreement (the Settlement Agreement ) with the users of certain diet drugs linked to various health problems. The United States District Court for the Eastern District of Pennsylvania certified the se...   MORE>>

United Fire and Casualty Company ( United Fire ) appeals district court orders excluding the proffered testimony of two expert witnesses and granting Whirlpool Corporation s ( Whirlpool ) motion for summary judgment on United Fire s sole claim of relief. United Fire, as subrogee for Robe...   MORE>>

Plaintiffs Richard and Mary Lou Stengel sued Medtronic under state law when a medical device manufactured by Medtronic rendered Richard permanently paraplegic. Medtronic moved to dismiss the Stengels complaint, contending that the Medical Device Amendments ( MDA ) to the Food, Drug, and Cosme...   MORE>>

Sharon Rollins s son committed suicide using a gun provided by his employer while he was taking prescribed medication manufactured and distributed by two pharmaceutical companies. On appeal from the dismissal of her wrongful death and survival action against the employer and pharmaceutical compani...   MORE>>

A fire destroyed the home of Randy and Antoinette Russell. The Russells filed suit against Whirlpool, alleging the fire was caused by a defective refrigerator Whirlpool designed, manufactured, and sold. The jury found in favor of the Russells. Whirlpool appeals, contending the Russells' expert witne...   MORE>>