Legal Opinion

Donald Raynor, Sr. v. Merrell Pharmaceuticals Inc.

Court of Appeals for the D.C. Circuit

Decided January 21, 1997No. 95-7241PublishedCited by 58 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

This appeal arises out of a personal injury claim filed by Donald Raynor, Jr. and his parents against Merrell Pharmaceuticals, Inc., alleging that Merrell’s anti-nausea drug, Bendectin, caused Raynor’s birth defects. After a jury awarded $300,000 in compensatory damages, Merrell filed motions for judgment notwithstanding the verdict (“JNOV”) and for a new trial. The district judge granted the former based upon our decision in Richardson v. Richardson-Merrell, Inc., 857 F.2d 823 (D.C.Cir.1988). On the…

2Cases cited15 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  3. In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
  4. Daubert v. Merrell Dow Pharmaceuticals, Inc.Court of Appeals for the Ninth Circuit · 1995
  5. Raymond Rosen v. Ciba-Geigy CorporationCourt of Appeals for the Seventh Circuit · 1996

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3Cited by58 opinions

  1. Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
  2. Knight v. Kirby Inland Marine Inc.Court of Appeals for the Fifth Circuit · 2007
  3. Westberry v. Gislaved Gummi ABCourt of Appeals for the Fourth Circuit · 1999
  4. Norris v. Baxter Healthcare Corp.Court of Appeals for the Tenth Circuit · 2005
  5. In Re Hanford Nuclear Reservation Litigation, Jeanne Jaros, on Their Own Behalf and as Representatives of Classes of Similarly Situated Persons v. E.I. Dupont, in Re Hanford Nuclear Reservation Litigation, E.S. Criswell, Arel Quessenberry, Luther Stacy, Jr., Raymond L. Swaim, Betty L. Swaim, James R. Swaim and John S. Swaim, on Their Own Behalf and as Representatives of Classes of Similarly Situated Persons v. E.I. Dupont De Nemours and General Electric Company, in Re Hanford Nuclear Reservation Litigation, Chuck Seaman, as Personal Representative for Frieda Theresa Seaman, Deceased Mark Seaman, Jr. Chuck Seaman v. E.I. Dupont De Nemours and Company, a Delaware Corporation General Electric Company, a New York Corporation, in Re Hanford Nuclear Reservation Litigation, Andra L. Evenson v. E.I. Dupont De Nemours and Company, and U.S. Environmental Protection Agency, in Re Hanford Nuclear Reservation Litigation, Kathryn Hamilton, Diana Cottam, James and Janet Boyd and Connie Soper, on Their Own Behalf and as Representatives of Classes of Similarly Situated Persons v. E.I. Dupont De Nemours and Company General Electric Co. Unc, Inc., Atlantic Richfield Company, Rockwell International Corporation, Westinghouse Electric Corporation and Westinghouse Hanford Company, in Re Hanford Nuclear Reservation Litigation, Rosemary Miller v. E.I. Dupont De Nemours General ElectricCourt of Appeals for the Ninth Circuit · 2002

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