BUCKMAN CO. v. PLAINTIFFS' LEGAL COMM.

No. 98-1768.

531 U.S. 341 (2001)

BUCKMAN CO. v. PLAINTIFFS' LEGAL COMMITTEE

United States Supreme Court.

Decided February 21, 2001.


Attorney(s) appearing for the Case

Kenneth S. Geller argued the cause for petitioner. With him on the briefs were Alan E. Untereiner and Sharon Swingle.

Irving L. Gornstein argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Assistant Attorney General Ogden, Deputy Solicitor General Kneedler, Douglas N. Letter, Peter J. Smith, Margaret Jane Porter, and Patricia J. Kaeding.

Michael D. Fishbein argued the cause for respondent. With him on the brief were Arnold Levin, Sandra L. Duggan, and John J. Cummings III.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, p. 353.


Chief Justice Rehnquist delivered the opinion of the Court.

Respondent represents plaintiffs who claim injuries resulting from the use of orthopedic bone screws in the pedicles of their spines. Petitioner is a consulting company that assisted the screws' manufacturer, AcroMed Corporation, in navigating the federal regulatory process for these devices. Plaintiffs say petitioner made fraudulent representations to the Food and Drug Administration (FDA or Administration...

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