United States First Circuit

In a wrongful death action, district court judgment is affirmed where: 1) plaintiff's employer was a sophisticated user of defendants' products, and defendants owed plaintiff no duty to warn about the dangers of their products; 2) plaintiff's fraud claim fails as the record contains no evidence from which a reasonable jury could conclude that defendants' were responsible for the allegedly false or misleading representations in a safety data sheet; and 3) plaintiff's civil conspiracy claim failed as a reasonable jury could not conclude that conspiring defendants substantially assisted plaintiff's employer in defrauding him.

Appellate Information

• Decided 08/03/2009
• Published 08/03/2009

Judges

• LIPEZ, Circuit Judge., Before BOUDIN, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ronald Simon, with whom Simon & Associates, Herschel L. Hobson, The Law Office of Herschel L. Hobson, Peter B. Sessa, and Sessa, Glick & Quiroga LLP were on brief, for appellants.


• For Appellees:
  
• Timothy J. Coughlin, Heidi B. Goldstein, Andrea B. Daloia, Thompson Hine LLP, Richard L. Neumeier, Mark S. Granger, and Morrison Mahoney LLP on brief for appellees American Chemistry Council and Goodrich Corporation., Samuel Goldblatt, with whom Joseph J. Leghorn, J. Christopher Allen, Jr., Nixon Peabody LLP, William E. Padgett, Michael Moon, Jr., and Barnes & Thornburg, LLP were on brief, for appellee The Dow Chemical Company., Michael K. Callan, Doherty, Wallace, Pillsbury & Murphy, P.C., William Gorenc, Jr., and Marco, Marco & Bailey on brief for appellee GenCorp, Inc., John B. Manning, Brian D. Gross, Cooley Manion Jones LLP, Gail C. Ford, and Vorys, Sater, Seymour and Pease LLP on brief for appellee Goodyear Tire & Rubber Company., W. Ray Persons, with whom Carmen R. Toledo, King & Spalding, Lawrence G. Cetrulo, Christopher M. Tauro, and Cetrulo & Capone LLP were on brief, for appellee Union Carbide Corp.