Legal Opinion
Jacob Isaac Gutwein, Rachel Gutwein v. Roche Laboratories, Division of Hoffman-La Roche, Inc., and Roche Products, Inc.
Court of Appeals for the Second Circuit
Decided July 13, 1984No. 1207, Docket 84-7009PublishedCited by 18 opinions
1Opinion of the Court
WINTER, Circuit Judge:
Jacob and Rachel Gutwein 1 appeal from a grant of summary judgment on their claim that a drug manufactured and distributed by the defendants caused Mr. Gutwein’s blindness. Because the Gutweins were not afforded the full ten-day notice period required by Rule 56(c), Fed.R.Civ.P., before the district court granted summary-judgment, we reverse and remand.
BACKGROUND
In late 1977, Mr. Gutwein returned to the United States after a stay in Venezuela with a urinary tract infection which he had been self-treating with an antibiotic. He had also been taking an outdated…
2Cases cited2 opinions
- Hayden Publishing Co., Inc. v. Cox Broadcasting Corp. And United Technical Publications, Inc.Court of Appeals for the Second Circuit · 1984
- Herzog & Straus, a Partnership Organized Under the Laws of the State of New York v. Grt CorporationCourt of Appeals for the Second Circuit · 1977
3Cited by18 opinions
- James Williams v. Harold J. Smith, Superintendent, and W. Morgan, C.O., Attica Correctional FacilityCourt of Appeals for the Second Circuit · 1986
- Goodrich v. BetkoskiCourt of Appeals for the First Circuit · 1996
- Albert Jones, Plaintiff-Counter-Defendant-Appellant v. The Automobile Insurance Company of Hartford, Connecticut, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
- Goodrich v. BetkoskiCourt of Appeals for the Second Circuit · 1996
- L. Earl Powell, Jr., and Estate of Lela B. Powell, Deceased, L. Earl Powell, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1988
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