Legal Opinion
Ryan v. Eli Lilly & Co.
District Court, D. South Carolina
Decided July 10, 1979No. Civ. A. No. 77-246PublishedCited by 22 opinions
1Opinion of the Court
*231ORDER
CHAPMAN, District Judge.
This matter is before the Court upon plaintiff’s motion for certification of this cause as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure. It is the opinion of this Court that class certification must be denied. In reaching this decision the words of Advisory Committee, during its . 1966 revision of Rule 23, were most persuasive:
A “mass accident” resulting in injuries to numerous persons is ordinarily not appropriate for a class action because of the likelihood that significant questions, not only of damages but of liability and…
2Cases cited5 opinions
- Windham v. American Brands, Inc.Court of Appeals for the Fourth Circuit · 1977
- James M. Poindexter, Jr. v. William A. Teubert, Chief of Police, Department of the City of BeckleyCourt of Appeals for the Fourth Circuit · 1972
- Samuel v. University of PittsburghCourt of Appeals for the Third Circuit · 1974
- Edwin Carracter and John C. Butler v. Walter MorganCourt of Appeals for the Fourth Circuit · 1973
- Windham v. American Brands, Inc.District Court, D. South Carolina · 1975
3Cited by22 opinions
- Dianne Castano v. The American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1996
- In Re American Medical Systems, Inc. Pfizer, Inc.Court of Appeals for the Sixth Circuit · 1996
- Jolly v. Eli Lilly & Co.California Supreme Court · 1988
- In Re Northern District of California, Dalkon Shield Iud Products Liability Litigation.Court of Appeals for the Ninth Circuit · 1982
- Ford v. Murphy Oil USA, Inc.Supreme Court of Louisiana · 1997
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