Legal Opinion
prod.liab.rep. (Cch) P 14,948 Carla Kurczi v. Eli Lilly and Company (96-4124) Dart Industries, Inc., F/k/a Rexall Drug Company (96-4127)
Court of Appeals for the Sixth Circuit
Decided May 12, 1997No. 96-4124, 96-4127PublishedCited by 56 opinions
1Opinion of the Court
SUHRHEINRICH, Circuit Judge.
In this interlocutory appeal 1 we must decide whether the Ohio Supreme Court would recognize a market share theory of liability in DES 2 litigation. We hold that the district court erred in predicting that it would.
I
Plaintiffs are twenty-seven women 3 allegedly suffering damage to their reproductive systems due to their in útero exposure to DES. Plaintiffs claim that each of the defendants was either a manufacturer or distributor of DES. In their complaints each plaintiff asserted strict liability under products liability, negligence under products liability,…
2Cases cited26 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
- Summers v. TiceCalifornia Supreme Court · 1948
- Sindell v. Abbott LaboratoriesCalifornia Supreme Court · 1980
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3Cited by56 opinions
- Teresa Anne Henderson v. Walled Lake Consolidated Schools, a Michigan School DistrictCourt of Appeals for the Sixth Circuit · 2006
- Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance CompanyCourt of Appeals for the Sixth Circuit · 2004
- Equitable Life Assurance Society of the United States v. Jeffrey M. PoeCourt of Appeals for the Sixth Circuit · 1998
- Andrews v. Columbia Gas Transmission Corp.Court of Appeals for the Sixth Circuit · 2008
- Auburn Sales, Inc. v. Cypros Trading & Shipping, Inc.Court of Appeals for the Sixth Circuit · 2018
51 more not listed; retrieve them via the Exa API.