Legal Opinion

Hymowitz v. Eli Lilly & Co.

New York Court of Appeals

Decided April 4, 1989PublishedCited by 203 opinions

1Opinion of the Court

*502OPINION OF THE COURT

Chief Judge Wachtler.

Plaintiffs in these appeals allege that they were injured by the drug diethylstilbestrol (DES) ingested by their mothers during pregnancy. They seek relief against defendant DES manufacturers. While not class actions, these cases are representative of nearly 500 similar actions pending in the courts in this State; the rules articulated by the court here, therefore, must do justice and be administratively feasible in the context of this mass litigation. With this in mind, we now resolve the issue twice expressly left open by this court, and adopt a…

2Cases cited26 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  3. Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
  4. People v. HobsonNew York Court of Appeals · 1976
  5. Summers v. TiceCalifornia Supreme Court · 1948

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3Cited by203 opinions

  1. John E. Johnson and H/w Ann Marie Johnson v. The Celotex Corporation, Owens-Illinois, Inc.Court of Appeals for the Second Circuit · 1990
  2. Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
  3. In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability LitigationCourt of Appeals for the Second Circuit · 2013
  4. Rastelli v. Goodyear Tire & Rubber Co.New York Court of Appeals · 1992
  5. Zuchowicz v. United StatesCourt of Appeals for the Second Circuit · 1998

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