TAYLOR v. AMERICAN CHEMISTRY COUNCIL

No. 07-2422.

576 F.3d 16 (2009)

June A. TAYLOR, et al., Plaintiffs, Appellants, v. The AMERICAN CHEMISTRY COUNCIL, et al., Defendants, Appellees, Airco, Inc., et al, Defendants.

United States Court of Appeals, First Circuit.

Decided August 3, 2009.


Attorney(s) appearing for the Case

Ronald Simon, with whom Simon & Associates, Herschel L. Hobson, The Law Office of Herschel L. Hobson, Peter B. Sessa, and Sessa, Glick & Quiroga LLP were on brief, for appellants.

Timothy J. Coughlin, Heidi B. Goldstein, Andrea B. Daloia, Thompson Hine LLP, Richard L. Neumeier, Mark S. Granger, and Morrison Mahoney LLP on brief for appellees American Chemistry Council and Goodrich Corporation.

Samuel Goldblatt, with whom Joseph J. Leghorn, J. Christopher Allen, Jr., Nixon Peabody LLP, William E. Padgett, Michael Moon, Jr., and Barnes & Thornburg, LLP were on brief, for appellee The Dow Chemical Company.

Michael K. Callan, Doherty, Wallace, Pillsbury & Murphy, P.C., William Gorenc, Jr., and Marco, Marco & Bailey on brief for appellee GenCorp, Inc.

John B. Manning, Brian D. Gross, Cooley Manion Jones LLP, Gail C. Ford, and Vorys, Sater, Seymour and Pease LLP on brief for appellee Goodyear Tire & Rubber Company.

W. Ray Persons, with whom Carmen R. Toledo, King & Spalding, Lawrence G. Cetrulo, Christopher M. Tauro, and Cetrulo & Capone LLP were on brief, for appellee Union Carbide Corp.

Before BOUDIN, LIPEZ, and HOWARD, Circuit Judges.


LIPEZ, Circuit Judge.

The surviving wife and sons of Claude Taylor ("Taylor") brought suit against various companies in the polyvinyl chloride ("PVC") industry and an industry trade association, alleging that their failure to warn, fraud, and civil conspiracy caused Taylor's wrongful death. After discovery, defendants moved for summary judgment on all counts. The district court granted summary judgment, holding that Taylor...

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