Legal Opinion
Desiano v. Warner-Lambert Co.
Court of Appeals for the Second Circuit
Decided April 18, 2003No. Docket No. 01-9318PublishedCited by 58 opinions
1Opinion of the Court
CALABRESI, Circuit Judge.
The United States District Court for the Southern District of New York (Kaplan, J.) granted Defendants’ motion to dismiss for failure to state a claim under Fed. R.Civ.P. 12(b)(6), and Plaintiffs appeal. Because Plaintiffs’ suit involves claims of damages that were caused directly by Defendants’ alleged fraud, we reverse and remand for further proceedings.
*341I.
A. The Parties
Defendant Warner-Lambert is a pharmaceutical company incorporated in Delaware with headquarters in New Jersey. Parke-Davis & Company is an unincorporated division of Warner-Lambert, and also has its…
2Cases cited10 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Holmes v. Securities Investor Protection CorporationSupreme Court of the United States · 1992
- Group Life & Health Insurance v. Royal Drug Co.Supreme Court of the United States · 1979
- Todd v. Exxon Corp.Court of Appeals for the Second Circuit · 2001
- Robert L. Moore and Jeannette S. Parry v. Painewebber, Inc.Court of Appeals for the Second Circuit · 1999
5 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Desiano v. Warner-Lambert & Co.Court of Appeals for the Second Circuit · 2006
- Birda Trollinger Robert Martinez Tabetha Eddings and Doris Jewell v. Tyson Foods, Inc.Court of Appeals for the Sixth Circuit · 2004
- Dotson v. GriesaCourt of Appeals for the Second Circuit · 2005
- Henneberry v. Sumitomo Corp. of AmericaDistrict Court, S.D. New York · 2006
- Dotson v. GriesaCourt of Appeals for the Second Circuit · 2005
53 more not listed; retrieve them via the Exa API.