Plummer v. Lederle Laboratories

dismissing a section 1985(3) claim alleging conspiracy on the basis of age, because there was no direct or indirect proof of participation in any conspiracy by appellees | dismissing a section 1985(3) claim alleging conspiracy on the basis of age, because there was no direct or indirect proof of participation in any conspiracy by appellees | prosecutor utilized three of his peremptory challenges to exclude the only three black venirepersons from the petit jury panel | prosecutor's blanket assertion that three black jurors lacked "background education and knowledge" insufficient where unsupported by record | Under California law, prescription drug warnings must be given to the prescribing physician | “if there is no direct decision by the highest court of that state, the federal court should determine what it believes that state’s highest court would find if the issue were before it.” | in polio vaccine case plaintiff failed to prove inadequacy of the warnings was the proximate cause of the injury where the doctor who administered the vaccine was aware of risks of contact polio, but he testified he had a practice of failing to warn patients of such risks | a Federal Court sitting in diversity should follow the law directed by the Supreme Court of the State whose law is found applicable, and if there is no direct decision, the Federal Court should determine what it believes that State’s highest Court would find if the issue were before it | failure to establish prima facie case