Free v. Abbott Laboratories, Inc.

Decision Date03 April 2000
Docket NumberNo. 99-391.,99-391.
PartiesFREE et al. v. ABBOTT LABORATORIES, INC., et al.
CourtU.S. Supreme Court

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Daniel A. Small argued the cause for petitioners. With him on the briefs were Michael D. Hausfeld, Matthew F. Pawa, Eric L. Olson, Daniel E. Gustafson, Howard J. Sedran, and Don Barrett.

Frank Cicero, Jr., argued the cause for respondents. With him on the brief were Craig A. Knot, Christopher Landau, and Max R. Shulman.*

Per Curiam.

The judgment is affirmed by an equally divided Court.

Justice O'Connor took no part in the consideration or decision of this case.

*Jane Bishop Johnson filed a brief for the State of Louisiana as amicus curiae urging reversal.

Briefs of amici curiae urging affirmance were filed for the Chamber of Commerce of the United States et al. by Evan M. Tager, Robin S. Conrad, and Donald D. Evans; for the Product Liability Advisory Council by John H. Beisner; and for the Securities Industry Association by Stuart J. Kaswell.

To continue reading

Request your trial
32 cases
  • Olden v. LaFarge Corp.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • September 7, 2004
    ...to resolve the issue; however, it split 4-4, and its summary affirmance provided no insight. See Free v. Abbott Labs., 529 U.S. 333, 120 S.Ct. 1578, 146 L.Ed.2d 306 (2000) (per curiam). Until now, this court has yet to speak on the question. Today, we join with the majority of circuits whic......
  • Flowers v. Ezpawn Oklahoma, Inc.
    • United States
    • U.S. District Court — Northern District of Oklahoma
    • February 3, 2004
    ...In re Abbott Labs., 51 F.3d 524, 529 (5th Cir.1995), aff'd by an equally divided court sub nom. Free v. Abbott Labs., 529 U.S. 333, 120 S.Ct. 1578, 146 L.Ed.2d 306 (2000) (per curiam) (same). Because the Supreme Court affirmed Abbott without opinion by an equally divided vote, Defendants ar......
  • Allapattah Services, Inc. v. Exxon Corp.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • March 15, 2004
    ...of the Supreme Court's attention is the fact that the Court previously granted certiorari on this issue. In Free v. Abbott Labs., 529 U.S. 333, 120 S.Ct. 1578, 146 L.Ed.2d 306 (2000), the Court granted certiorari to review the Fifth Circuit's en banc holding that § 1367 overruled Zahn and a......
  • Mehlenbacher v. Akzo Nobel Salt, Inc.
    • United States
    • U.S. District Court — Western District of New York
    • June 3, 2002
    ...(No. 01-1390) (U.S.2002); In re Abbott Labs., 51 F.3d 524, 527-29 (5th Cir.1995), aff'd by an equally divided court, 529 U.S. 333, 120 S.Ct. 1578, 146 L.Ed.2d 306 (2000); Stromberg Metal Works, Inc. v. Press Mechanical, Inc., 77 F.3d 928, 930-33 (7th Cir.1996) (Rule 20 joinder case); In re ......
  • Request a trial to view additional results
9 books & journal articles
  • ANTITRUST VIOLATIONS
    • United States
    • American Criminal Law Review No. 58-3, July 2021
    • July 1, 2021
    ...does not exclude federal antitrust liability where the conspirator is a partially owned, rather than wholly owned, subsidiary), aff’d, 529 U.S. 333 (2000), Bascom Food Prods. Corp. v. Reese Finer Foods, Inc., 715 F. Supp. 616, 630 n.19 (D.N.J. 1989) (suggesting that a less than wholly owned......
  • Subject Matter Jurisdiction in Antitrust and Business Tort Litigation
    • United States
    • ABA Antitrust Library Business Torts and Unfair Competition Handbook Business tort litigation
    • January 1, 2014
    ...Labs. (In re Abbott Labs.), 51 F.3d 524, 529 (5th Cir. 1995) (holding that Judicial Improvements Act of 1990 overruled Zahn), aff’d , 529 U.S. 333 (2000) (per curiam; judgment affirmed by equally divided Court); Olden v. LaFarge Corp., 383 F.3d 495, 502 (6th Cir. 2004) (same); Rosmer v. Pfi......
  • Antitrust violations.
    • United States
    • American Criminal Law Review Vol. 43 No. 2, March 2006
    • March 22, 2006
    ...does not exclude federal antitrust liability where conspirator is a partially owned subsidiary rather than wholly owned), aff'd, 529 U.S. 333 (2000), and Bascom Food Prods. Corp. v. Reese Finer Foods, Inc., 715 F. Supp. 616, 630 n.19 (D.N.J. 1989) (suggesting that a less than wholly owned s......
  • Antitrust Violations
    • United States
    • American Criminal Law Review No. 60-3, July 2023
    • July 1, 2023
    ...does not exclude federal antitrust liability where the conspirator is a partially owned, rather than wholly owned, subsidiary), aff’d , 529 U.S. 333 (2000), and Am. Vision Ctrs., Inc. v. Cohen, 711 F. Supp. 721, 723 (E.D.N.Y. 1989) (stating former off‌icers and directors who possessed f‌ift......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT