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KURCZI v. ELI LILLY AND CO.

Nos. 96-4124, 96-4127.

113 F.3d 1426 (1997)

Carla KURCZI, et al., Plaintiffs-Appellees, v. ELI LILLY AND COMPANY, et al. (96-4124); Dart Industries, Inc., f/k/a Rexall Drug Company (96-4127), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 12, 1997.

Attorney(s) appearing for the Case

E. Marie Wheeler (argued and briefed), Amer, Cunningham & Brennan, Akron, OH, for Carla Kurczi, et al.

Frederick J. McGavran, Mina J. Jefferson, Jack B. Harrison, Frost & Jacobs, Cincinnati, OH, Robin G. Weaver, Squire, Sanders & Dempsey, Cleveland, OH, James J. Dillon (argued and briefed), Goodwin, Procter & Hoar, Boston, MA, for Eli Lilly and Co., et al. in No. 96-4124.

James R. Vaughn, Roetzel & Andress, Akron, OH, Sheila Ann Moeller (briefed), A. Edward Grashof (argued and briefed), Winthrop, Stimson, Putnam & Roberts, New York City, for Dart Industries, Inc. in No. 96-4127.

Before: MERRITT, RYAN, and SUHRHEINRICH, Circuit Judges.

SUHRHEINRICH, Circuit Judge.

In this interlocutory appeal1 we must decide whether the Ohio Supreme Court would recognize a market share theory of liability in DES2 litigation. We hold that the district court erred in predicting that it would.

I.

Plaintiffs are twenty-seven women3 allegedly suffering damage to their reproductive systems due to their in utero...

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