All Alaskan Seafoods, Inc. v. Tyco Electronics Corp.

MEMORANDUM **

Plaintiffs-appellants All Alaskan Sea-foods Inc., AAS-DMP Management Part *950 nership, L.P. by Kodiak Marine Protein, Inc., General Partner, Holding Company Dalmoreproduct, and Shin Nihon Global Co. Ltd., appeal the judgment awarding $70,000 in costs to defendant-appellee RACEME, entered after a defense verdict following a 20-day jury trial. This Court has jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm. Because the parties are familiar with the procedural and factual history of this case, we will not recount it here.

The case was tried on the basis of the fourth amended complaint, which alleged only strict liability against RACEME for defective manufacture and distribution of the XL Trace 8 XL 1 heating cable without appropriate safety sealing devices, which allegedly caused a fire in plaintiffs’ vessel. Appellants challenge several of the district court’s rulings at trial and on pretrial motions.

The district court did not commit an abuse of discretion by refusing to define “product” in accordance with the definition derived from the earlier appeal in this case, All Alaskan Seafoods, Inc. v. Raychem Corp., 197 F.3d 992 (9th Cir.1999). That appeal did…