TOBIN v. ASTRA PHARMACEUTICAL PRODUCTS, INC.

Nos. 91-6413, 91-6478.

993 F.2d 528 (1993)

Kathy D. TOBIN, Plaintiff-Appellee (91-6413), Plaintiff-Appellant (91-6478), v. ASTRA PHARMACEUTICAL PRODUCTS, INC., Defendant-Appellant (91-6413), Duphar B.V., Defendant-Appellee (91-6478).

United States Court of Appeals, Sixth Circuit.

Decided April 16, 1993.

Rehearing Denied May 13, 1993.


Attorney(s) appearing for the Case

Douglas H. Morris, II (argued and briefed), William F. McMurray, Oldfather & Morris, Louisville, KY, for plaintiff-appellee.

Winfrey P. Blackburn (briefed), W. Kennedy Simpson (argued and briefed), Stites & Harbison, Louisville, KY, for Astra Pharmaceutical Products, Inc., defendant-appellant.

Donald W. Darby, Jacobson, Maynard, Tuschman & Kalur, Louisville, KY, James E. Akers (argued and briefed), Sullivan & Cromwell, Washington, DC, for Duphar B.V., defendant-appellee.

Before: GUY and RYAN, Circuit Judges; and CHURCHILL, Senior District Judge.


Rehearing Denied in No. 91-6413 May 13, 1993.

RALPH B. GUY, Jr., Circuit Judge.

Defendant Astra Pharmaceutical Products, Inc., appeals the denial of its motion for judgment not withstanding the verdict, or in the alternative for a new trial, in this diversity products liability action. On appeal, Astra argues that its motion for a j.n.o.v. should have been granted, because the causation hypothesis of plaintiff's expert does not have a generally accepted scientific...

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