Mack v. Falk

How courts have described this case

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

• recognizing that when interpreting state law, a federal court must determine how the state's highest court would rule
• recognizing that when interpreting state law, a federal court must determine how the state’s highest court would rule
• explaining that “neither the Wisconsin Supreme Court nor the state’s intermediate appellate courts have addressed” the learned intermediary defense
• “given the opportunity, the Wisconsin Supreme Court would join the vast majority of state supreme courts and adopt the learned-intermediary doctrine.”
• “When interpreting state law, a federal court’s task is to determine how the state’s highest court would rule.”
• “to the extent that [plaintiff’s] defective-warning claim is based on [defendant’s] duty to warn him, it is foreclosed by the learned-intermediary doctrine”

Source: CourtListener parenthetical corpus (CC0).