In a wrongful death action, district court judgment is affirmed where: 1) plaintiff’s employer was a sophisticated user of defendants’ products, and defendants owed plaintiff no duty to warn about the dangers of their products; 2) plaintiff’s fraud claim fails as the record contains no evidence from which a reasonable jury could conclude that defendants’ were responsible for the allegedly false or misleading representations in a safety data sheet; and 3) plaintiff’s civil conspiracy claim failed as a reasonable jury could not conclude that conspiring defendants substantially assisted plaintiff’s employer in defrauding him.
Read Taylor v. Airco, Inc., No. 07-2422
Appellate InformationAppeal from the United States District Court for the District of Massachusetts.Decided August 3, 2009
JudgesBefore: Boudin, Lipez, and Howard, Circuit Judges.Opinion by Lipez, Circuit Judge.
CounselFor Appellant: Ronald Simon, Simon & Associates, Herschel L. Hobson, The Law Office of Herschel L. Hobson, Peter B. Sessa, and Sessa, Glick & Quiroga LLP.
For Appellee: Timothy J. Coughlin, Heidi B. Goldstein, Andrea B. Daloia, Thompson Hine LLP, Richard L. Neumeier, Mark S. Granger, and Morrison Mahoney LLP.
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