Legal Opinion

Grover v. Eli Lilly & Co.

Court of Appeals for the Sixth Circuit

Decided September 8, 1994No. 93-3520PublishedCited by 165 opinions

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’…

2Cases cited12 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Cone v. West Virginia Pulp & Paper Co.Supreme Court of the United States · 1947
  3. Frances Kern v. Txo Production CorporationCourt of Appeals for the Eighth Circuit · 1984
  4. Bill Phillips v. Illinois Central Gulf RailroadCourt of Appeals for the Fifth Circuit · 1989
  5. Robert J. Kovalic v. Dec International, Inc., a Wisconsin Corporation, Henrik Moe, and D.E. LinsCourt of Appeals for the Seventh Circuit · 1988

7 more not listed; retrieve them via the Exa API.

3Cited by165 opinions

  1. Jet, Inc. v. Sewage Aeration SystemsCourt of Appeals for the Federal Circuit · 2000
  2. United States Ex Rel. Bledsoe v. Community Health Systems, Inc.Court of Appeals for the Sixth Circuit · 2003
  3. Brown v. BaekeCourt of Appeals for the Tenth Circuit · 2005
  4. Youssif Kamal v. Eden Creamery, LLCCourt of Appeals for the Ninth Circuit · 2023
  5. John Doe v. Urohealth Systems, Inc.Court of Appeals for the First Circuit · 2000

160 more not listed; retrieve them via the Exa API.

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