Legal Opinion

Jack Ray Allen and Sandy Lynn Allen, Husband and Wife v. A.H. Robins Company, Inc., a Virginia Corporation

Court of Appeals for the Ninth Circuit

Decided January 29, 1985No. 83-3767PublishedCited by 46 opinions

1Opinion of the Court

REINHARDT, Circuit Judge:

The district court granted summary judgment for defendant, A.H. Robins Company, Inc., the manufacturer of the Daikon Shield intrauterine device, in a products liability action involving allegations of negligence, fraud, breach of contract, and breach of warranty. Because we disagree with the district court’s conclusion that the Idaho statute of limitations bars this diversity action, we reverse and remand to the district court.

FACTS

On October 17, 1972, Sandy Allen had a Daikon Shield, an intrauterine device (“IUD”) manufactured by the appellee A.H. Robins Company,…

2Cases cited31 opinions

  1. United States v. KubrickSupreme Court of the United States · 1979
  2. Sidney-Vinstein v. A.H. Robins Co.Court of Appeals for the Ninth Circuit · 1983
  3. Wooderson v. Ortho Pharmaceutical Corp.Supreme Court of Kansas · 1984
  4. Stephen Borzeka v. Margaret O. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1984
  5. Twentieth Century-Fox Film Corporation v. McA Inc.Court of Appeals for the Ninth Circuit · 1983

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3Cited by46 opinions

  1. Marvin MacKey Lillian MacKey Husband and Wife v. Pioneer National Bank, a National Banking Corporation Paul Campbell, Marie Campbell, Husband and WifeCourt of Appeals for the Ninth Circuit · 1989
  2. Linda Miller and Barry Miller v. A.H. Robins Company, Inc.Court of Appeals for the Seventh Circuit · 1985
  3. Kociemba v. G.D. Searle & Co.District Court, D. Minnesota · 1988
  4. Theriault v. AH Robins Co., Inc.Idaho Supreme Court · 1985
  5. In Re Swine Flu Products Liability Litigation.Court of Appeals for the Ninth Circuit · 1985

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