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ROSA v. TASER INTERN., INC.

No. 09-17792.

684 F.3d 941 (2012)

Evelyn ROSA and Robert Rosa, as individuals, and Holly Rosa, as an individual and as the personal representative of Michael Robert Rosa, deceased, Plaintiffs-Appellants, and David Rosa, Plaintiff, v. TASER INTERNATIONAL, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2012.

Attorney(s) appearing for the Case

John Burton , The Law Offices of John Burton, Pasadena, CA, argued the cause and filed the briefs for the individual appellants, Evelyn and Robert Rosa and for appellant Holly Rosa, as an individual and as the personal representative of Michael Robert Rosa. With him on the briefs was Peter M. Williamson , Williamson & Kraus, Woodland Hills, CA.

John R. Maley , Barnes & Thornburg LLP, Indianapolis, IN, argued the cause and filed the brief for appellee, TASER International, Inc. With him on the brief was Mildred K. O'Linn , Manning & Marder, Kass, Ellrod, Ramirez LLP, Los Angeles, CA.

Before: MARY M. SCHROEDER, DIARMUID F. O'SCANNLAIN, and SUSAN P. GRABER, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We are called upon to decide whether, in August 2004, a manufacturer of electronic control devices, commonly referred to as "tasers," was under a duty to warn that repeated exposure to its products could lead to fatal levels of metabolic acidosis.

I

Shortly after 11:00 p.m. on August 29, 2004, a resident of Del Rey Oaks, California, called the police to report that someone who "look[ed] pretty disturbed...

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