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TUMLINSON v. ADVANCED MICRO DEVICES, INC.

No. 672, 2012.

106 A.3d 983 (2013)

Wendolyn TUMLINSON, Jake Albert Tumlinson, Jillveh Ontiveros and Paris Ontiveros, by her natural mother and next friend Jillveh Ontiveros, Plaintiffs Below Appellants, v. ADVANCED MICRO DEVICES, INC., Defendant Below Appellee.

Supreme Court of Delaware.

Decided: August 16, 2013.

Attorney(s) appearing for the Case

Ian Connor Bifferato , Richard S. Gebelein , David W. deBruin , Thomas F. Driscoll III , and J. Zachary Haupt , Bifferato LLC, Wilmington, Delaware. Of Counsel: Steven J. Phillips (argued) and Victoria E. Phillips , Phillips & Paolicelli, LLP, New York, New York; Thornton & Naumes, LLP, Boston, Massachusetts for appellants.

Frederick L. Cottrell III and Travis S. Hunter , Richards, Layton & Finger, P.A., Wilmington, Delaware. Of Counsel: Stephen C. Dillard (argued), Fulbright & Jaworski L.L.P., Houston, Texas; Stacey A. Martinez and Marcy Hogan Greer , Fulbright & Jaworski L.L.P., Austin, Texas; Lisa Horvath Shub, Fulbright & Jaworski L.L.P., San Antonio, Texas for appellee.

Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices.

In this action, a group of Texas plaintiffs allege that a corporation exposed two employees to chemicals that caused two of the employees' children to suffer from birth defects. On appeal, the plaintiffs challenge a Superior Court judge's application of Texas substantive law and the resulting exclusion of expert testimony...

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