DOW CHEMICAL CO. et al. v. STEPHENSON et al.

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111 OCTOBER TERM, 2002
Syllabus
DOW CHEMICAL CO. et al. v. STEPHENSON et al.
certiorari to the united states court of appeals for
the second circuit
No. 02–271. Argued February 26, 2003—Decided June 9, 2003
273 F. 3d 249, vacated and remanded in part, and affirmed by an equally
divided Court in part.
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.*
*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 Rie-
gel, and Robin S. Conrad; for the Product Liability Advisory Council by
John H. Beisner; and for the Washington Legal Foundation by Daniel J.
Popeo and Richard A. Samp.
Briefs of amici curiae urging affirmance were filed for the State of
Louisiana et al. by Richard P. Ieyoub, Attorney General of Louisiana, and
by the Attorneys General for their respective States as follows: Mike
Beebe of Arkansas, J. Joseph Curran, Jr., of Maryland, Mike Hatch of
Minnesota, Jeremiah W. (Jay) Nixon of Missouri, and Mike McGrath of
Montana; for the American Legion et al. by William A. Rossbach and
P. B. Onderdonk, Jr.; for the Association of Trial Lawyers of America
by Jeffrey Robert White; for Law Professors by David L. Shapiro, John
Leubsdorf, and Henry P. Monaghan; for the Lymphoma Foundation of
America et al. by Raphael Metzger; for Public Citizen by Brian Wolfman;
and for Trial Lawyers for Public Justice by Brent M. Rosenthal, Leslie
Brueckner, and Misty A. Farris.
Patrick Lysaught filed a brief for the Defense Research Institute as
amicus curiae.

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112 DOW CHEMICAL CO. v. STEPHENSON
Per Curiam
Per Curiam.
With respect to respondents Joe Isaacson and Phyllis Lisa
Isaacson, the judgment of the Court of Appeals for the Sec-
ond 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 de-
cision of this case.