Legal Opinion
In Re DES Market Share Litigation
New York Court of Appeals
Decided March 31, 1992PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Wachtler.
In Hymowitz v Lilly & Co. (73 NY2d 487, 507), this Court, recognizing that "extant common-law doctrines, unmodified, provide no relief for the DES plaintiff unable to identify the manufacturer of the drug that injured her,” adopted a market share theory to create a "realistic avenue of relief for plaintiffs injured by DES.” Since our decision in that case three years ago, Supreme Court, Erie County, has issued an order severing the market share issue from every DES case pending in New York and consolidating these actions so that the market share issue…
2Cases cited12 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
- Bichler v. Eli Lilly & Co.New York Court of Appeals · 1982
- Colon v. . LiskNew York Court of Appeals · 1897
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. Myron P.New York Court of Appeals · 2012
- State v. Myron P.Appellate Division of the Supreme Court of the State of New York · 2011
- In Re DES CasesDistrict Court, E.D. New York · 1992
- Brenner v. American Cyanamid Co.Appellate Division of the Supreme Court of the State of New York · 1999
- State v. Ted B.Appellate Division of the Supreme Court of the State of New York · 2015
9 more not listed; retrieve them via the Exa API.