Smithkline Beecham Corp. v. Abbott Laboratories
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER
A sua sponte call for a vote on rehearing this case en banc was made by an active judge of this court. The call failed to receive a majority of the votes of the non-reeused active judges. Fed. R.App. P. 35. The sua sponte en banc call is rejected.
O’SCANNLAIN, Circuit Judge, joined by BYBEE and BEA, Circuit Judges, dissenting from the denial of rehearing en banc:
This ease started out as an antitrust dispute between drug manufacturers and came to our court in the posture of an appeal from a simple juror selection ruling during trial. Sadly, it has morphed into a constitutional essay about…
2Cases cited39 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
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- Romer v. EvansSupreme Court of the United States · 1996
- J. E. B. v. Alabama ex rel. T. B.Supreme Court of the United States · 1994
- Lawrence v. TexasSupreme Court of the United States · 2003
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