Legal Opinion
Sondra L. McKenna and James R. McKenna v. Ortho Pharmaceutical Corporation
Court of Appeals for the Third Circuit
Decided June 17, 1980No. 78-2567PublishedCited by 378 opinions
1Opinion of the Court
OPINION OF THE COURT
ADAMS, Circuit Judge.
After trial, but prior to the presentation of the case to the jury, the district court in this diversity case granted defendants’ motion for a directed verdict on the ground that Ohio law barred recovery. Because we are persuaded by a careful review of the Ohio decisional law, as well as other relevant sources, that the Supreme Court of Ohio would not construe its statute of limitations so as to preclude recovery in this case, we reverse.
I
James and Sondra McKenna brought this suit for negligence, misrepresentation, and products liability against Ortho…
2Cases cited27 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
- Lehman Brothers v. ScheinSupreme Court of the United States · 1974
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3Cited by378 opinions
- Harsco Corp. v. Lucjan ZlotnickiCourt of Appeals for the Third Circuit · 1986
- Pisciotta v. Old National BancorpCourt of Appeals for the Seventh Circuit · 2007
- Pennsylvania Glass Sand Corporation v. Caterpillar Tractor CompanyCourt of Appeals for the Third Circuit · 1981
- Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriter's at Lloyd's of London. Certain Underwriters at Lloyd's, London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies", ( Pursuant to Rule 12(a), f.r.a.p.) in No. 95-3432. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriters's at Lloyd's of London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies." ( Pursuant to Rule 12(a), f.r.a.p.) Koppers Company, Inc., in No. 95-3461Court of Appeals for the Third Circuit · 1996
- George BAILEY, Plaintiff-Appellant, v. Y & O PRESS COMPANY, INC., Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1985
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