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VITANZA v. UPJOHN CO.

Docket No. 99-7539.

271 F.3d 89 (2001)

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 November 13, 2001.

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. In May 2000, we certified the controlling question of law in this case to the Connecticut Supreme Court. Vitanza v. Upjohn Co.,...

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