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VITANZA v. UPJOHN CO.

Docket No. 99-7539

214 F.3d 73 (2000)

Michele M. VITANZA, Individually and as Executrix of the Estate of Timothy F. Vitanza, Plaintiff-Appellant, v. The UPJOHN COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 5, 2000

Attorney(s) appearing for the Case

Jonathan M. Levine, Stamford, CT (Silver Golub & Teitell LLP, Richard A. Silver, Brad C. Gustafson, of Counsel), for Plaintiff-Appellant Michele Vitanza.

Timothy W. Donahue, Wallingford, CT (Delaney, Zemetis, Donahue, Durham & Noonan, P.C., of Counsel), for Defendant-Appellee Upjohn Company.

Before: FEINBERG, JACOBS, and KATZMANN, Circuit Judges.

FEINBERG, Circuit Judge:

This is an appeal from a March 1999 judgment of the United States District Court for the District of Connecticut, Dominic J. Squatrito, J., granting defendant's motion for summary judgment on the ground that the "learned intermediary" doctrine barred plaintiff's claim. For the reasons stated below, we believe that the current status of the "learned intermediary" doctrine in Connecticut is not clear, and we conclude that we should certify the...

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