Legal Opinion
Kealoha v. E.I. du Pont de Nemours & Co.
Court of Appeals for the Ninth Circuit
Decided May 3, 1996No. Nos. 94-15688, 94-16405PublishedCited by 14 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We must decide whether, under Hawaii law, a manufacturer has a duty to warn of danger posed by a material that is later used in a medical implant device.
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Elysa Kealoha and the eight' other appellants (collectively “Kealoha”) appeal the district court’s grant of summary judgment in favor of E.I. du Pont de Nemours & Company (“DuPont”) in this products liability action arising under diversity jurisdiction. Kealoha sued DuPont as the manufacturer of a raw material (Teflon)1 used by Vitek, Inc. to produce Proplast,2 which Vitek in turn used to create jaw implants.
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2Cases cited27 opinions
- Beale v. HardyCourt of Appeals for the Fourth Circuit · 1985
- Prestonettes, Inc. v. CotySupreme Court of the United States · 1924
- Faythe S. Takahashi and Hideo H. Takahashi v. Loomis Armored Car Service, and Liberty Mutual Insurance CompanyCourt of Appeals for the Ninth Circuit · 1980
- Burkert v. Petrol Plus of Naugatuck, Inc.Supreme Court of Connecticut · 1990
- In Re Hawaii Federal Asbestos Cases. (Four Cases) David K. Kaiu Lillian M. Kaiu v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation, a Delaware Corporation, Antonia Beatrix Sawyer, Individually and as Special Administratrix of the Estate of Stephen Charles Sawyer, Deceased and as Guardian Ad Litem for Andrew John Sawyer, Corrina Antonia Sawyer, and Margaret Ann Sawyer, All Minor Children v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation, a Delaware Corporation, Toledo Monderen Maria L. Monderen v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation, a Delaware Corporation, Ted Mina, Personal Representative for the Estate of Mariano Gamurot, Deceased Domingo Del Rosario Alice C. Digos v. Fibreboard Corporation, Formerly Known as Fibreboard Paper Products Corporation a Delaware Corporation, and Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., Ted Mina, Personal Representative for the Estate of Mariano Gamurot, Deceased Domingo Del Rosario Alice C. Digos v. Raymark Industries, Inc., a Corporation, Formerly Known as Raybestos-Manhattan, Inc., and Owens-Illinois, Inc.Court of Appeals for the Ninth Circuit · 1992
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3Cited by14 opinions
- In Re Temporomandibular Joint (Tmj) Implants Products Liability LitigationCourt of Appeals for the Eighth Circuit · 1996
- A v. by Versace, Inc. v. Gianni Versace, S.P.A.District Court, S.D. New York · 2000
- Davis v. Komatsu America Industries Corp.Tennessee Supreme Court · 2001
- Faddish v. Buffalo PumpsDistrict Court, S.D. Florida · 2012
- Temporomandibular Joint (TMJ) Implant Recipients v. E.I. Du Pont De Nemours & Co.Court of Appeals for the Eighth Circuit · 1996
9 more not listed; retrieve them via the Exa API.