Dow Chemical Company, et al. v. Daniel Raymond Stephenson et al. (539 U.S. 111)

U.S. Supreme Court · decided June 9, 2003 · Supreme Court Database (Spaeth)

Citation
539 U.S. 111 · 123 S. Ct. 2161
Decided
June 9, 2003
Term
October Term 2002
Vote
8–0
Issue area
Judicial Power
Disposition
Vacated and remanded
Outcome
Petitioning party won
Ideological direction
Conservative

Opinion excerpt

539 U.S. 111 (2003) DOW CHEMICAL CO. ET AL. v. STEPHENSON ET AL. No. 02-271. Supreme Court of United States. Argued February 26, 2003. Decided June 9, 2003. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Seth P. Waxman argued the cause for petitioners. With him on the briefs were Louis R. Cohen, Andrew L. Frey, Philip Allen Lacovara, Charles A. Rothfeld, Richard B. Katskee, Michele L. Odorizzi, Steven Brock, and John C. Sabetta. Gerson H. Smoger argued the cause for respondents. With him on the brief were Mark R. Cuker and Ronald Simon. [*] *112 PER CURIAM. With respect to respondents Joe Isaacson and Phyllis Lisa Isaacson, the judgment of the Court of Appeals for the Second Circuit is vacated, and the case is remanded for further consideration in light of Syngenta Crop Protection, Inc. v. Henson, 537 U. S. 28 (2002). With respect to respondents Daniel Raymond Stephenson, Susan Stephenson, Daniel Anthony Stephenson, and Emily Elizabeth Stephenson, the judgment is affirmed by an equally divided Court. JUSTICE STEVENS took no part in the consideration or decision of this case. NOTES [*] Briefs of amici curiae urging reversal were filed for the American Insurance Association et al. by Herbert M. Wachtell, Jeffrey M. Wintner, Craig A. Berrington, Lynda S. Mounts, Jan S. Amundson, Quentin Riegel, and Robin S. Conrad; for the Product Liability Advisory…

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