United States Fifth Circuit

In a products liability action involving latex gloves, summary judgment for defendants is affirmed in part, vacated in part, and remanded where: 1) plaintiffs' argument that manufacturers' offer to indemnify and defend the seller only for costs associated with their own products does not satisfy Texas Civil Practice and Remedies section 82.002 is now foreclosed by the Texas Supreme Court's decision in response to a certified question; 2) there was no genuine issue of material fact as to one of the defendants since they offered to defend cross-claimant and the offer was never accepted; 2) there was an issue of material fact as to another defendant as to whether it did not offer to defend the claims as required and/or improperly assumed cross-claimant would reject any new offer to defend; and 3) the circuit court did not reach the issue of attorney's fees.

Appellate Information

• Decided 06/09/2008
• Published 06/09/2008

Judges

• DENNIS, Circuit Judge:, Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Richard Michael Duffy, Gardner, Carton & Douglas, Chicago, IL, Gene Francis Creely, II, Cozen O'Connor, Houston, TX, for Ansell Healthcare Products Inc., Andrew William Schwartz (argued), Barry M. Epstein, Stuart M. Feinblatt, Sills, Cummis, Radin, Tischman, Epstein & Gross, Newark, NJ, William Clarence Dowdy, III, Strasburger & Price, Dallas, TX, for Becton Dickinson & Co., Robert F. Redmond, Jr. (argued), William W. Belt, Williams Mullen, Richmond, VA, Michael Ray Walzel, Michael Kent Rose, Stevens, Baldo, Freeman & Lighty, Beaumont, TX, for Owens & Minor Medical Inc. and Owens & Minor Inc.