Legal Opinion

Rick v. Wyeth, Inc.

Court of Appeals for the Eighth Circuit

Decided October 25, 2011No. 10-3354, 10-3355, 10-3356, 10-3357, 10-3358, 10-3359, 10-3360, 10-3362, 10-3363PublishedCited by 7 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

In 2004 and 2005, appellants, citizens of New York, sued the appellee pharmaceutical companies in New York state court claiming that appellees’ hormone replacement therapy drugs caused appellants to develop breast cancer. After substantial discovery, appellees moved for summary judgment on the ground that the claims were time-barred under the three-year New York statute of limitations. Appellants argued the claims were not time-barred for many reasons. They also filed these diversity actions asserting the same claims in the District of Minnesota, a State with a six-year…

2Cases cited23 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
  3. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
  4. Semtek International Inc. v. Lockheed Martin Corp.Supreme Court of the United States · 2001
  5. O'Brien v. City of SyracuseNew York Court of Appeals · 1981

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3Cited by7 opinions

  1. Tobias Chavez v. Dole Food Company IncCourt of Appeals for the Third Circuit · 2016
  2. Newman v. KrintzmanCourt of Appeals for the First Circuit · 2013
  3. Healy Ranch v. HealySouth Dakota Supreme Court · 2022
  4. John Finstad v. James GordCourt of Appeals for the Eighth Circuit · 2021
  5. Eileen Zell v. David SuttleCourt of Appeals for the Eighth Circuit · 2017

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