Rodney Todd, as Special Administrator of the Estate of Tiffany Todd v. Societe Bic, S.A., and Bic Corporation

FLAUM, Circuit Judge,

with whom CUMMINGS, CUDAHY and ILANA DIAMOND ROVNER, Circuit Judges join, dissenting.

I cannot accept the court’s judgment and opinion. Our charge here is not to determine the best, most logical, or even the most efficient product-liability rules for the state of Illinois. If it were, I would be joining the court’s persuasive opinion. However, Article III of the Constitution only affords us the power to ascertain the law of Illinois and apply it to the litigants before us as if we were an inferior state court. Because I remain convinced that the law of Illinois required…