United States Seventh Circuit

In a products liability suit against a medical device manufacturer, summary judgment for defendants is affirmed where: 1) the law governing the case was determined by the site of the injury, not the manufacture, thus the applicable law was that of North Carolina; 2) that state's statute of repose barred the suit; and 3) the North Carolina Supreme Court would not find an exception to the statute of repose.

Appellate Information

• Decided 10/25/2007
• Published 10/25/2007

Judges

• EVANS, Circuit Judge., Before EVANS, WILLIAMS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Michelle L. Kranz (argued), Zoll & Kranz, Toledo, OH, for Plaintiffs-Appellants.


• For Appellees:
  
• Peter J. Rusthoven (argued), Barnes & Thornburg, Indianapolis, IN, for Defendants-Appellees.