CLARA MORGAN SHACKIL, ALBERT SHACKIL, AND DEANNA MARRERO, P/P/A HER MOTHER AND NEXT FRIEND CLARA MORGAN SHACKIL, PLAINTIFFS-APPELLANTS,
v.
LEDERLE LABORATORIES, A DIVISION OF AMERICAN CYANAMID CO.; AND WYETH LABORATORIES, A DIVISION OF AMERICAN HOME PRODUCTS CORPORATION; WYETH LABORATORIES, INC.; PARKE-DAVIS, A DIVISION OF WARNER-LAMBERT CO.; ELI LILLY AND COMPANY, DEFENDANTS-RESPONDENTS, AND PITTMAN-MOORE AND ITS SUCCESSOR, THE DOW CHEMICAL COMPANY AND LEO FELD, M.D., DEFENDANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued June 10, 1987.
Decided August 12, 1987.
Attorney(s) appearing for the Case
Jan Schlichtmann, pro hac vice, of the Massachusetts Bar, argued the cause for appellant (Blume, Vasquez, Goldfaden, Berkowitz & Oliveras, attorneys; John M. Blume, of counsel; Michael R. Hugo, on the brief).
J. Peter Coll, Jr., pro hac vice, of the New York Bar, argued the cause for respondent Lederle Laboratories (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; James L. Melhuish, of counsel and on the brief).
Anita Hotchkiss argued the cause for respondent Wyeth Laboratories, Division of American Home Products Corporation, Wyeth Laboratories, Inc. and Parke Davis & Company (Porzio, Bromberg & Newman, attorneys; Ms. Hotchkiss, of counsel and on brief; and Lisa Murtha, on the brief).
John L. McGoldrick argued the cause for respondent Eli Lilly & Company (McCarter & English, attorneys; Mr. McGoldrick, of counsel and on the brief; John F. Brenner, Jerry P. Sattin, Richard A. Bagger and Marna L. Brown, on the brief; Shook, Hardy & Bacon, of counsel).
McDonough, Murray & Korn, attorneys for Leo Feld, M.D. (William S. Mezzomo, on the brief).
Thomas F. Campion argued the cause amicus curiae for Merck & Co., Inc. (Shanley & Fisher, attorneys; Mr. Campion, of counsel and on the brief).
Tompkins, McGuire & Wachenfeld filed a brief amicus curiae for Abbott Laboratories (William B. McGuire, of counsel and on the brief).
Lamb, Hartung, Coughlin, Kretzer & Reinman filed a brief amicus curiae for The Upjohn Company (Edwin A. Hartung, of counsel and on the brief).
Before Judges DREIER, SHEBELL and STERN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by DREIER, J.A.D.
Plaintiffs have appealed, by leave granted, from an interlocutory order dismissing their negligence, warranty, misrepresentation, and strict liability action against Lederle Laboratories, Wyeth Laboratories, a Division of American Home Products Corporation, Wyeth Laboratories, Inc., Parke-Davis, and Eli Lilly & Co. By amended complaint plaintiff added Pittman-Moore as a defendant. National Drug Company,...
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