New York Court of Appeals

Mindy Hymowitz v. Eli Lilly and Company, , Attorney-General of the State of New York, Intervenor-Respondent…

April 4, 198973 N.Y.2d 487

Summary

The New York Court of Appeals affirmed the lower courts, holding that plaintiffs injured by DES may recover using a national market‑share liability theory even when the specific manufacturer cannot be identified, and that the 1986 statute reviving DES actions is constitutional under the State and Federal constitutions.