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TURBOMECA, S.A. v. ERA HELICOPTERS LLC

Nos. 07-30885, 07-30902.

536 F.3d 351 (2008)

TURBOMECA, S.A., Plaintiff-Appellee, v. ERA HELICOPTERS LLC, Defendant-Appellant. Era Helicopters LLC; United States Aviation Underwriters, Inc., as Managers on behalf of United States Aircraft Insurance Group, Plaintiffs-Appellants, v. Turbomeca, a Division of Labinal; Eurocopter SAS, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 16, 2008.

Attorney(s) appearing for the Case

Timothy J. McNamara, Gregory Russel Mier, Onebane Law Firm, Lafayette, LA, Richard C. Coyle, William Brendan Murphy, Perkins Coie, Seattle, WA, for Turbomeca, S.A.

Kenneth H. Laborde, Gieger, Laborde & Laperouse, New Orleans, LA, for ERA Helicopters LLC.

Michael Vance Powell, Locke, Lord, Bissell & Liddell, LLP, Dallas, TX, Domenico C. Perrella, Nixon Peabody, San Francisco, CA, for Eurocopter, SAS.

Before PRADO, ELROD and HAYNES, Circuit Judges.

ELROD, Circuit Judge:

The sole issue on appeal is whether this circuit should recognize a post-sale negligence exception to the maritime "economic loss doctrine" established in East River Steamship Corp. v. Transamerica Delaval, Inc., 476 U.S. 858, 106 S.Ct. 2295, 90 L.Ed.2d 865 (1986). We decline to do so and affirm the district court's judgment dismissing the tort claims alleging a post-sale failure to warn of a pre-sale product...

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