Gary Burke, et al v. Bayer AG, et al, No. 08-3303 (8th Cir. 2009)
Annotate this CaseCourt Description: Civil case - products liability. Defendants' summary judgment affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-3303 ___________ In re: Baycol Products Litigation, * * -------------------------------------* * Gary Burke and Joyce R. Burke, * * Appellants, * * Mary Eunice Brewer; James B. * Brewer; Kathy Gembarowicz; Alma * Lee Harmon; Monica A. Jordan, * * Plaintiffs, * * Appeal from the United States v. * District Court for the * District of Minnesota. Bayer AG; Bayer Corporation; * GlaxoSmithKline PLC, individually * [UNPUBLISHED] and as successor in interest to * SmithKline Beecham PLC and * Smith Kline Beecham Corporation, * * Appellees. * ___________ Submitted: November 4, 2009 Filed: November 13, 2009 ___________ Before BYE, BOWMAN, and BENTON, Circuit Judges. ___________ PER CURIAM. Gary and Joyce Burke appeal the district court s1 adverse grant of summary judgment in their diversity products-liability action. Having carefully reviewed the record, we find no abuse of discretion in the district court s exclusion of the opinion of the Burkes expert. See Bland v. Verizon Wireless, LLC, 538 F.3d 893, 896 (8th Cir. 2008). We also agree with the district court s determination that, without such an opinion, there were no trialworthy issues on the Burkes state-law claims. See Bannister v. Bemis Co., 556 F.3d 882, 884 (8th Cir. 2009) (reviewing de novo summary judgment order and interpretation of state law). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Michael J. Davis, Chief Judge, United States District Court for the District of Minnesota. -2-
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