Legal Opinion
O'brien, Ann C. v. Eli Lilly & Company E. R. Squibb & Sons, Inc. The Upjohn Company, and Winthrop Company, Inc
Court of Appeals for the Third Circuit
Decided January 21, 1982No. 81-1291PublishedCited by 62 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
The question for decision in this appeal from a summary judgment in favor of four defendant pharmaceutical manufacturers in a diversity action is whether the district court properly applied the Pennsylvania “discovery rule,” which modifies the personal injury statute of limitations. The district court determined that, if she had exercised due diligence, appellant Ann O’Brien reasonably could have discovered in February 1976 that her mother had taken Diethylstilbestrol (commonly known as Stilbestrol or DES) during her 1956 pregnancy and that the drug…
2Cases cited19 opinions
- Ness v. MarshallCourt of Appeals for the Third Circuit · 1981
- Smith v. Bell Telephone Co.Supreme Court of Pennsylvania · 1959
- Ayers v. MorganSupreme Court of Pennsylvania · 1959
- Anthony v. Koppers Co., Inc.Supreme Court of Pennsylvania · 1981
- Anthony v. Koppers Co., Inc.Superior Court of Pennsylvania · 1980
14 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Denise Bohus v. Stanley A. BeloffCourt of Appeals for the Third Circuit · 1991
- Clare R. Bruffett v. Warner Communications, IncCourt of Appeals for the Third Circuit · 1982
- Albert E. Albertson v. T.J. Stevenson & Company, Inc.Court of Appeals for the Fifth Circuit · 1984
- Burnside v. Abbott LaboratoriesSupreme Court of Pennsylvania · 1985
- Mest v. Cabot Corp.Court of Appeals for the Third Circuit · 2006
57 more not listed; retrieve them via the Exa API.