PINE v. ELI LILLY & CO.


201 N.J. Super. 186 (1985)

ALFRED PINE, PLAINTIFF-RESPONDENT, v. ELI LILLY & COMPANY, WINTHROP LABORATORIES AND WINTHROP PRODUCTS CO., ABBOTT LABORATORIES, MERCK, SHARP & DOHME, THE UPJOHN COMPANY, BLUE LINE CHEMICAL CO., AMERICAN PHARMACEUTICAL CO., INC., AND E.R. SQUIBB & SONS, INC., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 1985.


Attorney(s) appearing for the Case

John L. McGoldrick argued the cause for appellant Eli Lilly & Company (McCarter & English, attorneys; John L. McGoldrick of counsel; John F. Brenner and Keith E. Lynott on the brief).

Marc S. Klein argued the cause for appellant E.R. Squibb & Sons, Inc. (Sills, Beck, Cummis, Zuckerman, Radin & Tischman, attorneys; Barry M. Epstein of counsel; Marc S. Klein on the brief).

Attorneys for all other appellants joined in the briefs filed by appellants Eli Lilly & Company and E.R. Squibb & Sons, Inc.

Jean W. Billings argued the cause for respondent (Carney & Wilson, attorneys; James F. Carney of counsel and on the brief with Jean W. Billings).

Before Judges MATTHEWS, FURMAN and HAVEY.


The opinion of the court was delivered by HAVEY, J.A.D.

The question raised by this appeal, on leave granted,1 is whether New Jersey, as the forum State, should apply its statute of limitations and "discovery rule" to a tort action when the underlying wrongful act occurred in the state of New York, while plaintiff was a New York domiciliary, but who, after the New York statute of limitations...

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