Santana

Jodene and Michael Santana sued Zilog, Inc., Jodene’s employer, claiming that Jodene was exposed to dangerous chemicals on the job that caused her to miscarry six times from 1988 to 1993. They asserted wrongful death claims in Idaho state court for the deaths of their unborn fetuses, allegedly due to Zilog’s negligence, failure to warn, and battery. Zilog, a California corporation, removed the ease to federal court. The district court granted Zilog’s Federal Rule of Civil Procedure 12(b)(6) motion to dismiss, concluding that under Idaho law no cause of action exists for wrongful death of a nonviable fetus. The Santanas filed a timely appeal. The district court had diversity jurisdiction pursuant to 28 U.S.C. § 1332 . We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

I

In August 1988 Jodene Santana began working at Zilog’s Nampa, Idaho facility in the computer chip fabrication area, known as “the Fab.” At the time she started her job at Zilog, Mrs. Santana was the mother of three children, and she and her husband planned to have a fourth child. Between August 1988 and March 1993, while employed by Zilog, Mrs. Santana conceived six *782 times, but all of these pregnancies…