Narrative Opinion Summary
The United States Court of Appeals for the Fifth Circuit addressed the petitions for panel rehearing regarding the case involving Abbott Laboratories, Bristol-Meyers Squibb Company, Mead Johnson Company, and plaintiffs Robin Free and Renee Free. The court, composed of Judges Higginbotham, Smith, and Parker, denied the petitions for panel rehearing, treating the suggestions for rehearing en banc as such. No request for a poll for rehearing en banc was made by any active judges. The court refrained from expressing any opinion on the matters of class certification or the district court's discretion under 28 U.S.C. § 1367 concerning supplemental jurisdiction. It noted that further consideration of declining jurisdiction under § 1367 would not be addressed at this time, pending a more developed record that might warrant such discussions. The case originated in the Middle District of Louisiana, presided over by Judge John V. Parker.
Legal Issues Addressed
Class Certification and Supplemental Jurisdictionsubscribe to see similar legal issues
Application: The court refrained from making any determinations on class certification or supplemental jurisdiction under 28 U.S.C. § 1367 at this time, indicating that these issues may be revisited with a more developed record.
Reasoning: The court refrained from expressing any opinion on the matters of class certification or the district court's discretion under 28 U.S.C. § 1367 concerning supplemental jurisdiction.
Panel Rehearing Petitionssubscribe to see similar legal issues
Application: The court denied the petitions for panel rehearing submitted by the parties involved.
Reasoning: The United States Court of Appeals for the Fifth Circuit addressed the petitions for panel rehearing regarding the case involving Abbott Laboratories, Bristol-Meyers Squibb Company, Mead Johnson Company, and plaintiffs Robin Free and Renee Free.
Rehearing En Banc Proceduressubscribe to see similar legal issues
Application: The suggestions for rehearing en banc were treated as such, but no request for a poll for rehearing en banc was made by any active judges.
Reasoning: The court, composed of Judges Higginbotham, Smith, and Parker, denied the petitions for panel rehearing, treating the suggestions for rehearing en banc as such.