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WHITE v. WYETH

No. 35296.

705 S.E.2d 828 (2010)

Shirley WHITE, Cathy Dennison, and Jenny Tyler, on Behalf of Themselves and A Class of Others Similarly Situated, Plaintiffs Below, Respondents v. WYETH, f/k/a American Home Products, d/b/a Wyeth-Ayerst Laboratories, Dannemiller Memorial Education Foundation, and Ketchum, Inc., Defendants Below, Petitioners.

Supreme Court of Appeals of West Virginia.

Decided December 17, 2010.

Attorney(s) appearing for the Case

Pamela D. Tarr , Amber Hoback , Jackson Kelly , Charleston, WV, Lisa M. Duggan , G. Gregg Webb , F. Lane Heard, III , Williams & Connolly, Washington, DC, for Defendant, Wyeth & Ketchum.

W. Henry Jernigan , Dinsmore & Shohl, Charleston, WV, for Amicus, Product Liabililty Council.

Anthony Majestro , Charleston, WV, for Amicus, WV Association for Justice.

William Alden McDaniel, Jr. , Pro Hac Vice, Baltimore, MD.

W. Stuart Calwell, Jr. , Thomas Rodd , The Calwell Practice, Charleston, WV, for the Plaintiffs.

William David Wilmoth , Lindsay E. Agee , Steptoe & Johnson, Wheeling, WV, for the Defendant, Dannemiller.

Michael J. Farrell , Erik W. Legg , Farrell, Farrell & Farrell, Huntington, WV, Jill Miles , Assistant Attorney General, Counsel for Amicus, WV Attorney General.

McHUGH, Justice:

This case is before the Court on certified question raised by the Putnam County Circuit Court in its June 9, 2009, "Order Issuing Certificate of Certified Question," and its July 14, 2009, "Amended Order Denying Defendants' Motion to Dismiss and, Alternatively, for Summary Judgment, but Certifying a Legal Question to the West Virginia Supreme Court of Appeals." The question stems from a suit filed by respondents...

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