Brady v. Abbott Laboratories

446 F.3d 924 Ernest Eugene BRADY, husband; Marritta Kay Brady, wife; James Dean Brady, husband; Flossie Marie Brady, wife, Plaintiffs-Appellees, v. ABBOTT LABORATORIES, an Illinois corporation (including Ross Products Division of Abbor Laboratories, improperly named), Defendant-Appellant, and ABC Entities, I-X; John/Jane Does, I-X; Ross Products, a Division of Abbott Laboratories, Inc., Defendants. No. 04-15257. United States Court of Appeals, Ninth Circuit. April 25, 2006. Brad Kevin Keogh, Esq., Phoenix, AZ, for Plaintiff-Appellee. John C. Lemaster, Esq., L. William Staudenmaier, Esq., Kara A. Ricupero, Esq., Ryley, Carlock & Applewhite, Phoenix, AZ, for Defendant-Appellant. Before JEROME FARRIS, A. WALLACE TASHIMA, and CONSUELO M. CALLAHAN, Circuit Judges. ORDER 1 The panel has voted to deny the petition for panel rehearing. Judge Callahan votes to deny the petition for rehearing en banc and Judges Farris and Tashima so recommend. 2 The full court was advised of the petition for rehearing en banc and a judge of the court called for a vote on whether to rehear the matter en banc. On such vote, a majority of the nonrecused active judges failed to vote in favor of en banc…