Baroldy v. Ortho Pharmaceutical Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that manifestation of toxic shock syndrome in North Carolina from defective diaphragm was merely fortuitous because “Plaintiffs could have duplicated their relationship with [defendant] anywhere”
• finding that in failure to warn cases “the ‘place of conduct’ is where the tortuous decision is made”
• concluding manifestation of disease in North Carolina from diaphragm use fortuitous as plaintiff could have used device in any state
• holding with failure-to-warn claim, place of conduct is where tortious decision was made
• noting that “when the law of two states does not conflict, the contacts from those two states should be considered as if they were from the state involved in the choice of law question”
• upholding trial court’s admission, with limiting instruction, of various documents for purposes of impeaching manufacturer’s claim that its product could not have caused the plaintiff’s injury

Source: CourtListener parenthetical corpus (CC0).