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VIOLETTE v. SMITH & NEPHEW DYONICS, INC.

Nos. 94-1291 and 94-1334.

62 F.3d 8 (1995)

Russell VIOLETTE, Plaintiff-Appellee, v. SMITH & NEPHEW DYONICS, INC., Defendant-Appellant. Russell VIOLETTE, Plaintiff-Appellant, v. SMITH & NEPHEW DYONICS, INC., Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided August 7, 1995.

Attorney(s) appearing for the Case

Joseph J. Leghorn, with whom Peter T. Wechsler, Warner & Stackpole, Edward W. Gould and Gross, Minsky, Mogul & Singal, P.A., were on brief for appellant Smith & Nephew Dyonics, Inc.

Daniel J. Popeo and Richard A. Samp on brief for Washington Legal Foundation and Allied Educational Foundation, amici curiae.

Randall E. Smith, with whom John H. O'Neil, Jr., Smith, Elliott, Smith & Garney, P.A., were on brief for appellee Russell Violette.

Jeffrey R. White on brief for the Association of Trial Lawyers of America, amicus curiae.

BOUDIN, Circuit Judge, ALDRICH, Senior Circuit Judge, and YOUNG, District Judge.

YOUNG, District Judge.

Russell Violette ("Violette") instituted this action in the Superior Court in and for Kennebec County, Maine, seeking to recover for damage to his left wrist allegedly caused by the improper use of a medical device manufactured by the defendant Smith & Nephew Dyonics, Inc. ("Dyonics"), a Massachusetts corporation. Dyonics removed to federal court, where Violette ultimately obtained a jury verdict...

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