Legal Opinion
Millenkamp v. Davisco Foods International, Inc.
Court of Appeals for the Ninth Circuit
Decided April 14, 2009No. 07-35299, 07-35318PublishedCited by 36 opinions
1Opinion of the Court
OPINION
N.R. SMITH, Circuit Judge:
Davisco Foods International, Inc. (“Davisco”) here appeals from (1) the district court judgment that it breached express and implied warranties to Bill and Susie Millenkamp (the “Millenkamps”) and (2) the district court’s denial of post-trial motions that would relieve Davisco of the judgment. We conclude that the district court erred in admitting evidence and giving jury instructions concerning Idaho milk permeate labeling laws and also abused its discretion in admitting Exhibits 18 and 25. These acts prejudiced Davisco. The district judge should have granted…
2Cases cited22 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- David Oddi v. Ford Motor CompanyCourt of Appeals for the Third Circuit · 2000
- Fillippon v. Albion Vein Slate Co.Supreme Court of the United States · 1919
- H. Jerome Claar Ben Mar Maynard Young Donald Doll v. Burlington Northern Railroad Company, Dick Eggar Ray Ellison v. Burlington Northern Railroad CompanyCourt of Appeals for the Ninth Circuit · 1994
- McCandless v. United StatesSupreme Court of the United States · 1936
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3Cited by36 opinions
- Dukes v. Wal-Mart Stores, Inc.Court of Appeals for the Ninth Circuit · 2010
- Compass Bank v. Morris Cerullo World EvangelismDistrict Court, S.D. California · 2015
- Tait v. BSH Home Appliances Corp.District Court, C.D. California · 2012
- Lowell Burris v. Gulf Underwriters Ins. Co.Court of Appeals for the Eighth Circuit · 2015
- University Medical Center, Inc. v. BeglinKentucky Supreme Court · 2011
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