N.Y. Judge Dismisses Third Generation DES Case With Prejudice

NEW YORK - A New York federal judge has adopted a magistrate judge's recommendation to dismiss without prejudice a third generation DES injury case, ruling that such claims are clearly barred by New York precedent. Marks v. Abbott Laboratories & Co., et al., No. 11-4147 (E.D. N.Y.).

In a March 23 order, Judge Eric N. Vitaliano of the U.S. District Court for the Eastern District of New York denied plaintiffs' request to modify the report and recommendation by ordering dismissal of the case without prejudice, noting that under 20-year-old precedent, the complaint states no claim.

Aaron Marks, individually and behalf …