(DOWNLOAD) "Tobin V. Astra Pharmaceutical Products Inc." by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Tobin V. Astra Pharmaceutical Products Inc.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 16, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
Defendant Astra Pharmaceutical Products, Inc., appeals the denial of its motion for judgment not withstanding the verdict, or in the alternative for a new trial, in this diversity products liability action. On appeal, Astra argues that its motion for a j.n.o.v. should have been granted, because the causation hypothesis of plaintiff's expert does not have a generally accepted scientific basis and the risk/ benefit theory and failure to warn theory proposed by the plaintiff cannot establish liability under Kentucky law. Astra also argues that its motion for a new trial should have been granted for two reasons: first, because two of the plaintiff's experts either expressed opinions not disclosed prior to trial or relied on more reports than were disclosed and, second, because the verdict was against the clear weight of the evidence. We reject defendant's arguments and affirm.
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