IN RE DOW CORNING CORP.

No. 13-1497.

778 F.3d 545 (2015)

In re DOW CORNING CORPORATION, Reorganized Debtor. Pamela D. Sutherland, Plaintiff-Appellant, v. DCC Litigation Facility, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 20, 2015.


Attorney(s) appearing for the Case

ARGUED: Mark R. Bendure , Bendure & Thomas, Detroit, Michigan, for Appellant. Robert D. Goldstein , Garan Lucow Miller, P.C., Grand Blanc, Michigan, for Appellee. ON BRIEF: Mark R. Bendure , Bendure & Thomas, Detroit, Michigan, for Appellant. Robert D. Goldstein , Timothy J. Jordan , Garan Lucow Miller, P.C., Grand Blanc, Michigan, for Appellee.

STRANCH, J., delivered the opinion of the court in which MERRITT, J., joined. SUTTON, J. (pp. 554-56), delivered a separate dissenting opinion.


OPINION

In 1988 Pamela Sutherland received breast implants in North Carolina. She filed suit in the Middle District of North Carolina five years later, after learning that the silicone in her implants could be causing a variety of serious medical problems. The Silicone's manufacturer, Dow Corning...

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