Legal Opinion

Wood v. Eli Lilly & Co.

Court of Appeals for the Tenth Circuit

Decided October 11, 1994No. 93-6274PublishedCited by 48 opinions

1Opinion of the Court

BRORBY, Circuit Judge.

This diversity case presents the questions of whether Oklahoma either has or would adopt the tort theories of alternative liability or market share liability in the context of diethylstilbestrol (DES) litigation. We conclude Oklahoma has not adopted either theory and would not apply either theory to the facts of this case. We therefore affirm the judgment of the district court.

BACKGROUND

Procedurally, this case comes to us as a result of the district court granting a summary judgment in favor of three defendants who are drug manufacturing companies. A fourth defendant,…

2Cases cited13 opinions

  1. Salve Regina College v. RussellSupreme Court of the United States · 1991
  2. Summers v. TiceCalifornia Supreme Court · 1948
  3. Sindell v. Abbott LaboratoriesCalifornia Supreme Court · 1980
  4. Kirkland v. General Motors CorporationSupreme Court of Oklahoma · 1974
  5. Martin v. Abbott LaboratoriesWashington Supreme Court · 1984

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

3Cited by48 opinions

  1. Sender v. SimonCourt of Appeals for the Tenth Circuit · 1996
  2. Arthur L. Black v. Baker Oil Tools, Inc., a Division of Baker Hughes, Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1997
  3. Blackhawk Central City Sanitation District v. American Guarantee And Liability Insurance CompanyCourt of Appeals for the Tenth Circuit · 2000
  4. Wood v. Eli Lilly & Co.Court of Appeals for the Tenth Circuit · 1994
  5. Farmers Alliance Mutual Insurance Company v. Ofelia SalazarCourt of Appeals for the Tenth Circuit · 1996

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

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