In a wrongful death action, district court judgment is affirmed where: 1) plaintiff's employer was a sophisticated user of defendants' products, and defendants owed plaintiff no duty to warn about the dangers of their products; 2) plaintiff's fraud claim fails as the record contains no evidence from which a reasonable jury could conclude that defendants' were responsible for the allegedly false or misleading representations in a safety data sheet; and 3) plaintiff's civil conspiracy claim failed as a reasonable jury could not conclude that conspiring defendants substantially assisted plaintiff's employer in defrauding him.
Appeal from the United States District Court for the District of Massachusetts.
Decided August 3, 2009
Before: Boudin, Lipez, and Howard, Circuit Judges.
Opinion by Lipez, Circuit Judge.