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SUMMIT PROPERTIES INC. v. HOECHST CELANESE CORP.

No. 99-20622.

214 F.3d 556 (2000)

SUMMIT PROPERTIES INC.; Summit Properties LP; Summit Properties Partnership LP; Stony Point/Summit LP; McGregor/McGuire LP; Henderson/McGuire Partners LP; Oak Ridge/McGuire Partners LP; Waverly Place/Summit Partners LP, Plaintiffs-Appellants, v. HOECHST CELANESE CORP., formerly known as Celanese Corporation; Hoechst Corporation; E.I. Dupont De Nemours, and Co.; Shell Oil Company, doing business as Shell Chemical Company; Vanguard Plastics Inc.; Bow Industrial Corp.; Household International Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 27, 2000.

Attorney(s) appearing for the Case

Barry L. Racusin, Racusin & Wagner, Houston, TX, George Robert Blakey (argued), Notre Dame Law School, District of Columbia, Notre Dame, IN, for Plaintiffs-Appellants.

Paul M. O'Connor (argued), Kasowitz, Benson, Torres & Friedman LLP, New York City, James W. Bartlett, Jr., Kasowitz, Benson, Torres & Friedman, Houston, TX, for Hoechst Celanese Corp. and Hoechst Corp.

Earle Duncan Getchell, Robert L. Hodges, Kathleen Taylor Sooy, McGuire, Woods, Battle & Boothe, Richmond, VA, Jim C. Ezer, Abbott, Simses, Knister & Kuchler, Houston, TX, for E.I. Dupont De Nemours & Co.

Daniel Anthony Hyde, David T. Harvin (argued), Rhonda Hunter Wills, Vinson & Elkins, Houston, TX, for Shell Oil Co.

Jack W. Tucker, Jr., Tucker, Hendryx, Taunton, Snyder & Slade, Houston, TX, for Vanguard Plastics Inc.

Michele Elizabeth Taylor, Tekell, Book, Matthews & Limmer, Houston, TX, for Bow Industrial Corp.

Glen M. Boudreaux, Tim S. Leonard, Edward J. Nicholas (argued), Kirklin, Boudreaux & Leonard, Houston, TX, for Household International Inc.

Before HIGGINBOTHAM and PARKER, Circuit Judges, and WARD, District Judge.

Rehearing and Rehearing En Banc Denied June 27, 2000.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Today we are invited to read RICO as establishing a federal products liability scheme complete with treble damages and attorney fees for the benefit of end-users of defective products who never relied on manufacturers' alleged misrepresentations of product quality. We are unpersuaded that RICO can be extended so far by such a marriage of distinct duties and liability...

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