Legal Opinion
Sutowski v. Eli Lilly & Co.
Ohio Supreme Court
Decided June 29, 1998No. 97-1142PublishedCited by 24 opinions
1Opinion of the CourtCook, J.
Pursuant to S.Ct.Prac.R. XVIII, the United States District Court certified the following question of law to this court:
“Whether market share exists in Ohio as a viable theory of liability in a DES products liability action[?]”
We respond in the negative: In Ohio, market-share liability is not an available theory of recovery in a products liability action.
MARKET-SHARE LIABILITY
DES is a form of synthetic estrogen that gained widespread use in the early 1940s. Its uses include hormone replacement during menopause, and the treatment of both senile and gonorrheal vaginitis. By the late 1940s, DES…
2Cases cited27 opinions
- Summers v. TiceCalifornia Supreme Court · 1948
- Sindell v. Abbott LaboratoriesCalifornia Supreme Court · 1980
- Jeffers v. OlexoOhio Supreme Court · 1989
- Brown v. Superior CourtCalifornia Supreme Court · 1988
- Zafft v. Eli Lilly & Co.Supreme Court of Missouri · 1984
22 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Yanise Germain v. Teva Pharmaceuticals, USA, IncCourt of Appeals for the Sixth Circuit · 2014
- Miles v. Raymond Corp.District Court, N.D. Ohio · 2009
- White v. Smith & Wesson Corp.District Court, N.D. Ohio · 2000
- Miller v. StateOhio Court of Appeals · 2014
- Cummings v. HustedDistrict Court, S.D. Ohio · 2011
19 more not listed; retrieve them via the Exa API.