Katherine M. Albers v. Eli Lilly & Co.
Court of Appeals for the Seventh Circuit
1Per curiam
More than a decade after she was diagnosed with a malformed uterus that the physician attributed to her mother’s ingestion of DES, Katherine Albers filed this tort action seeking damages from the drug’s maker, Eli Lilly & Company. Lilly invoked the statute of limitations, which (the parties agree) is supplied by the local law of the District of Columbia because the suit was filed there and then transferred to Illinois under 28 U.S.C. § 1404(a). The District of Columbia’s rule has been authoritatively stated:
In every case, the plaintiff has a duty to investigate matters affecting her affairs…
2Cases cited7 opinions
- U.S. Bancorp Mortgage Co. v. Bonner Mall PartnershipSupreme Court of the United States · 1994
- Diamond v. DavisDistrict of Columbia Court of Appeals · 1996
- Bussineau v. President of Georgetown CollegeDistrict of Columbia Court of Appeals · 1986
- American Automobile Manufacturers Association v. Commissioner, Massachusetts Department of Environmental ProtectionCourt of Appeals for the First Circuit · 1994
- United States of America, Nisqually Indian Tribe and Puyallup Indian Tribe, Intervenors-Appellants v. State of Washington, Department of FisheriesCourt of Appeals for the Ninth Circuit · 1978
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3Cited by21 opinions
- University of Notre Dame v. Kathleen SebeliusCourt of Appeals for the Seventh Circuit · 2014
- United States v. HagermanCourt of Appeals for the Seventh Circuit · 2008
- United States v. Jesus Perez GarciaCourt of Appeals for the Ninth Circuit · 2024
- Reeves v. Eli Lilly and Co.District Court, District of Columbia · 2005
- Astrazeneca AB v. United Food & Commercial Workers UnionsCourt of Appeals for the First Circuit · 2015
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