Grover v. Eli Lilly & Co.
Court of Appeals for the Sixth Circuit
1Opinion of the Court
ALAN E. NORRIS, Circuit Judge.
Defendant, Eli Lilly and Company, appeals the district court’s grant of a voluntary dismissal without prejudice to plaintiffs. Because the district court abused its discretion by entering the dismissal without prejudice, we vacate the district court’s order and remand for further proceedings.
I
In December 1983, Charles Grover, a minor, and his parents filed suit against defendant in the Ohio court of common pleas claiming that the company was negligent in marketing a defective prescription drug known as diethylstilbestrol (“DES”), which was ingested by Charles’…
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