Legal Opinion
State ex rel. McCaffery v. Hutchison
West Virginia Supreme Court
Decided July 3, 2003No. Nos. 30958, 30963PublishedCited by 56 opinions
1Opinion of the Court
STARCHER, Chief Justice.
In this appeal from the Circuit Court of Raleigh County, we are asked to examine a circuit court order denying a motion to certify a class action for users of an allegedly defective prescription drug. After consideration of the briefs, the arguments of the parties, and all other matters of record, we conclude that the circuit court erred, and reverse and remand the ease for proceedings as a class action.
I
Facts & Background
This ease is a consolidation of several lawsuits filed by numerous plaintiffs who used Rezulin, an oral drug that was approved by the U.S. Food and…
2Cases cited94 opinions
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- Phillips Petroleum Co. v. ShuttsSupreme Court of the United States · 1985
- General Telephone Co. of the Northwest, Inc. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1980
89 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Smith v. Bayer Corp.Supreme Court of the United States · 2011
- Discover Bank v. MorganTennessee Supreme Court · 2012
- Perrine v. E.I. Du Pont De Nemours & Co.West Virginia Supreme Court · 2010
- In Re West Virginia Rezulin LitigationWest Virginia Supreme Court · 2003
- State Ex Rel. Chemtall Inc. v. MaddenWest Virginia Supreme Court · 2004
51 more not listed; retrieve them via the Exa API.