United States Seventh Circuit

In a suit brought by residents of Taiwan against a manufacturer of clotting factors, claiming that the defendant acquired blood from high-risk donors and processed it improperly in California and distributed the product in foreign countries despite discovering that the factors were contaminated by HIV, judgment of the district court is affirmed where: 1) plaintiffs' claims that the district judge dismissed on the merits he correctly dismissed as untimely under California law; 2) district court was correct in its alternative ruling that a California court would apply the Taiwanese 20-year statute of repose because the plaintiffs' tort claims arose under Taiwanese law; 3) district court was correct in dismissing some of the claims on forum non conveniens grounds; and 4) district court's dismissal of a plaintiff's product-liability claim for forum non conveniens is affirmed as convenience favors Taiwan and the statute of limitations applicable to this suit will be the same whether the case is tried there or in California.

Appellate Information

• Decided 03/26/2010
• Published 03/26/2010

Judges

Court

• United States Seventh Circuit

Counsel