BURDEN v. JOHNSON & JOHNSON MEDICAL

No. 04-20777.

530 F.3d 389 (2008)

Kathy N. BURDEN, et al., Plaintiffs, v. JOHNSON & JOHNSON MEDICAL, et al., Defendants, Ansell Healthcare Products Inc., formerly known as Ansell Inc, formerly known as Ansell Perry Inc.; Becton Dickinson & Co., Defendants-Cross-Defendants-Appellees, Owens & Minor Medical Inc.; Owens & Minor Inc., Defendants-Cross-Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 9, 2008.


Attorney(s) appearing for the Case

Richard Michael Duffy, Gardner, Carton & Douglas, Chicago, IL, Gene Francis Creely, II, Cozen O'Connor, Houston, TX, for Ansell Healthcare Products Inc.

Andrew William Schwartz (argued), Barry M. Epstein, Stuart M. Feinblatt, Sills, Cummis, Radin, Tischman, Epstein & Gross, Newark, NJ, William Clarence Dowdy, III, Strasburger & Price, Dallas, TX, for Becton Dickinson & Co.

Robert F. Redmond, Jr. (argued), William W. Belt, Williams Mullen, Richmond, VA, Michael Ray Walzel, Michael Kent Rose, Stevens, Baldo, Freeman & Lighty, Beaumont, TX, for Owens & Minor Medical Inc. and Owens & Minor Inc.

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.


DENNIS, Circuit Judge:

In this products liability suit, we certified to the Texas Supreme Court a question regarding manufacturers' duties to defend and indemnify distributors. The Texas Supreme Court has now answered the question, and we resolve the remaining issues on appeal. For the following reasons, we AFFIRM in part, VACATE in part, and REMAND this case to the district court.

BACKGROUND

On January 21, 2000, Kathy Burden, a dental hygienist...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases