Legal Opinion
Merrell Dow Pharmaceuticals, Inc. v. Oxendine
District of Columbia Court of Appeals
Decided June 25, 1991No. 90-535PublishedCited by 13 opinions
1Opinion of the Court
STEADMAN, Associate Judge:
The issue in this appeal, the third that has been taken in this long-running litigation, is whether a trial court may enter an immediately enforceable and appealable “final judgment” under Super.Ct.Civ.R. 54(b) on a claim where the question of punitive damages remains to be tried. We hold that it has no such power under the rule or otherwise.
I
In February of 1982, appellee Mary Oxendine brought a product liability action against appellant Merrell Dow Pharmaceuticals, Inc. (“Merrell Dow”), alleging her birth defects were caused by her mother’s ingestion of Bendectin, a…
2Cases cited24 opinions
- Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
- M. A. P. v. RyanDistrict of Columbia Court of Appeals · 1971
- Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
- Liberty Mutual Insurance v. WetzelSupreme Court of the United States · 1976
- Osterneck v. Ernst & WhinneySupreme Court of the United States · 1989
19 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
- Choice Financial Group v. SchellpfefferNorth Dakota Supreme Court · 2005
- Merrell Dow Pharmaceuticals Inc. v. OxendineDistrict of Columbia Court of Appeals · 1994
- Natalie Khawam v. Grayson P. WolfeDistrict of Columbia Court of Appeals · 2014
- Anthony v. Allstate Insurance Co.District of Columbia Court of Appeals · 2002
8 more not listed; retrieve them via the Exa API.