United States Tenth Circuit

In a products liability suit against a cigarette manufacturer, a jury verdict in favor of plaintiff is reversed where Kansas courts would not recognize plaintiff's claim for fraudulent concealment since he failed to establish that defendant owed him a fiduciary duty.

Appellate Information

• Decided 02/10/2005
• Published 02/10/2005

Judges

• LUCERO, Circuit Judge., Before EBEL, McKAY, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Robert H. Klonoff, Jones Day, Washington, D.C. (Paul R. Reichert, Jones Day, Washington, D.C., and M. Warren McCamish, Williamson & Cubbison, Kansas City, KS, and Sydney McDole and Catherine L. Bjorck, Jones Day, Dallas, TX, with him on the briefs) for Defendant-Appellant., Kenneth B. McClain (Donald H. Loudon, Jr., and Scott B. Hall, with him on the brief), Humphrey Farrington & McClain, P.C., Independence, MO, for Plaintiff-Appellee.