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MEADOR v. APPLE, INC.

No. 17-40968.

911 F.3d 260 (2018)

Kimberly MEADOR, Agent of Individually, and as Guardian for L.M. a Minor; Amos Standard, on Behalf of Individually, and on Behalf of the Estate of Shari Standard, Deceased; Russell Jones, on Behalf of Individually, and on Behalf of the Estate of Sandra Jones, Deceased, Plaintiffs-Appellants v. APPLE, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED December 18, 2018.

Attorney(s) appearing for the Case

Gregory Phillip Love , Love Law Firm, Henderson, TX, Ronny Lee Adkison , Adkison Law Firm, Henderson, TX, John Fletcher Walker, III , Martin Walker, P.C., Tyler, TX, for Plaintiffs-Appellants.

Eric Hugh Findlay , Debra E. Gunter , Findlay Craft, P.C., Tyler, TX, Theodore J. Boutrous, Jr., Esq. , Attorney, Christopher Chorba, Gibson , Dunn & Crutcher, L.L.P., Los Angeles, CA, for Defendant-Appellee.

Before STEWART, Chief Judge, and WIENER and HIGGINSON, Circuit Judges.

This case asks us to decide whether, under Texas law, a driver's neurobiological response to a smartphone notification can be a cause in fact of a car crash. Because answering in the affirmative would entail an impermissible innovation or extension of state law, we answer in the negative. Accordingly, we AFFIRM...

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