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IN RE AQUA DOTS PRODUCTS LIABILITY LITIGATION

No. 10-3847.

654 F.3d 748 (2011)

In the Matter of AQUA DOTS PRODUCTS LIABILITY LITIGATION. Appeal of Sarah Bertanowski, et al.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 2011.

Rehearing and Rehearing En Banc Denied September 15, 2011.

Attorney(s) appearing for the Case

Ben Barnow (argued), Attorney, Barnow & Associates, P.C., Chicago, IL, Joseph D. Daley , Attorney, Robbins Geller Rudman & Dowd, San Diego, CA, Burton H. Finkelstein , Attorney, Finkelstein, Thompson & Lewis, Washington, DC, for Sarah Bertanowski, Eric Botsch, Kim A. Cosgrove, Samantha Ford.

Ronald Y. Rothstein (argued), Attorney, Winston & Strawn LLP, Chicago, IL, for Spin Master, Inc., Moose Enterprise Pty Ltd., Spin Master Ltd., Target Corporation.

James W. Ozog , Attorney, Wiedner & McAuliffe, Chicago, IL, for Wal-Mart Stores, Incorporated, Toys "R" Us, Incorporated.

Before EASTERBROOK, Chief Judge, and ROVNER and SYKES, Circuit Judges.

EASTERBROOK, Chief Judge.

Moose Enterprises made, Spin Master distributed, and many retailers sold, Aqua Dots, a toy consisting of small, brightly colored beads that can be fused into designs when sprayed with water. Moose Enterprises contracted production of Aqua Dots to JSSY Ltd., a Chinese company, which substituted 1,4 butanediol for the specified adhesive, 1,5 pentanediol. While the substitute adhesive is chemically similar to 1,5 pentanediol, it came with a...

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