RICK v. WYETH, INC.

Nos. 10-3354, 10-3355, 10-3356, 10-3357, 10-3358, 10-3359, 10-3360, 10-3362, 10-3363.

662 F.3d 1067 (2011)

Jeanette RICK, et al., Plaintiffs-Appellants, v. WYETH, INC., et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 25, 2011.


Attorney(s) appearing for the Case

Daniel E. Gustafson , argued, Minneapolis, MN, for appellants.

Frank Lane Heard, III , argued, Washington, DC, William Hoffman , Washington, DC, Lori B. Leskin , New York, NY, and Wendy S. Dowse , Los Angeles, CA, on the brief, for appellees.

Before LOKEN, BEAM, and GRUENDER, Circuit Judges.


LOKEN, Circuit Judge.

In 2004 and 2005, appellants, citizens of New York, sued the appellee pharmaceutical companies in New York state court claiming that appellees' hormone replacement therapy drugs caused appellants to develop breast cancer. After substantial discovery, appellees moved for summary judgment on the ground that the claims were time-barred under the three-year New York statute of limitations. Appellants argued the claims were not time-barred for many...

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