John Doe v. Cutter Biological, Inc., a Division of Miles Laboratories, Inc. Miles Laboratories and Armour Pharmaceutical Corporation

89 F.3d 844 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John DOE, Plaintiff-Appellant, v. CUTTER BIOLOGICAL, INC., a DIVISION OF MILES LABORATORIES, INC.; Miles Laboratories; and Armour Pharmaceutical Corporation, Defendants-Appellees. No. 95-35238. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 1996. Decided June 24, 1996. 1 Before: PREGERSON and TASHIMA, Circuit Judges, and JONES, District Judge * . 2 MEMORANDUM ** 3 John Doe brought this products liability action against appellees Cutter and Armour (Providers) which manufacture a coagulation product known as "Factor VIII." 1 On the Providers' Motions for Summary Judgment, the Idaho Federal District Court dismissed Doe's lawsuit because he could not present a genuine issue of material fact regarding which Providers' product contained the dangerous defect that caused Doe's injury. Doe appealed, but he died during the pendency of this appeal. Because tort causes of action abate upon the…