MacMunn v. Eli Lilly Co.
United States District Court for the District of Columbia
559 F. Supp. 2d 58 (D.D.C. 2008)
Judith MacMunn (plaintiff), a Massachusetts resident, claimed that she suffered uterine and cervical deformities, infertility, and physical and mental pain as a result of exposure to Diethylstilbestrol (DES) in utero. MacMunn’s mother is a Massachusetts resident and resided there in 1962 when pregnant with MacMunn. All witnesses and evidence are in Massachusetts. On September 14, 2007, MacMunn and her husband (plaintiff) sued Eli Lilly & Co. (Eli Lilly) (defendant), a manufacturer of DES, in the District of Columbia (D.C.) Superior Court for negligence, strict liability, breach of warranty, misrepresentation, and loss of consortium, seeking compensatory and punitive damages of $6 million. Eli Lilly removed the case to federal court under diversity jurisdiction the following November. Before substantial discovery had taken place, Eli Lilly moved to transfer the case from the United States District Court for the D.C. to the United States District Court for the District of Massachusetts (Massachusetts). The plaintiffs opposed the transfer.
Rule of Law
Holding and Reasoning (Urbina, J.)
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