Pine v. Eli Lilly & Co.

Alfred Pine (plaintiff) was born in 1953. While pregnant with Pine, Pine’s mother (a New York resident) was prescribed the drug Diethylstilbestrol (DES) to treat bleeding issues. Pine lived in New York through college, attended law school in Massachusetts, and returned to New York after law school. In August 1979, Pine was diagnosed with testicular cancer, which led to the removal of one of Pine’s testicles. Per Pine, during his hospitalization for this surgery, a doctor told Pine that Pine’s cancer was linked to his exposure to DES in his mother’s womb. In March 1980, Pine consulted with a New York lawyer about possibly filing suit in connection with his cancer. Pine consulted a New Jersey lawyer about a possible suit in the fall of 1980. In December 1980, Pine moved to New Jersey, where he rented an apartment on a month-to-month basis. In July 1981, Pine sued eight pharmaceutical companies (pharmaceutical companies) (defendants), including Eli Lilly & Company, that did business in New Jersey and that marketed DES in 1953. Pine alleged that his in utero exposure to DES was a proximate cause of his cancer. The pharmaceutical companies moved for summary judgment on the ground that New York law applied and that Pine’s claims were time-barred under New York law because New York did not recognize a discovery rule (a statute-of-limitations toll until the injured party discovered or reasonably should have discovered his injury). Thus, the pharmaceutical companies argued, New York required Pine to sue no later than three years after turning 18. Pine conceded that his claims would be stale if New York law applied but contended that New Jersey law, which did recognize a discovery rule, applied and that his claims were timely under New Jersey law. The trial court denied the pharmaceutical companies’ motion, concluding that New Jersey law applied because Pine was domiciled in New Jersey when he filed suit. The pharmaceutical companies appealed.