Legal Opinion
In re DES Market Share Litigation
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1991PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Boomer, J.
Plaintiffs commenced separate actions to recover money damages for personal injuries sustained as a result of their *354mothers’ ingestion during pregnancy of the drug diethylstilbestrol (DES). The trial court, to whom these numerous actions were assigned, consolidated the actions and severed the issue of "market share” (see, Hymowitz v Lilly & Co., 73 NY2d 487, cert denied 493 US 944) for a separate trial. Plaintiffs appeal from a subsequent order denying their motion requesting that the issue of market share be tried by jury. We agree with plaintiffs that they have…
2Cases cited13 opinions
- People v. HobsonNew York Court of Appeals · 1976
- Codling v. PagliaNew York Court of Appeals · 1973
- Hymowitz v. Eli Lilly & Co.New York Court of Appeals · 1989
- Caprara v. Chrysler Corp.New York Court of Appeals · 1981
- Bichler v. Eli Lilly & Co.New York Court of Appeals · 1982
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In Re DES Market Share LitigationNew York Court of Appeals · 1992
- In re New York County Des LitigationDistrict Court, E.D. New York · 1992