Infant Formula Antitrust Litigation, MDL 878 v. Abbott Laboratories
In Re INFANT FORMULA ANTITRUST LITIGATION, MDL 878; Fleming Companies, Inc.; State of Louisiana, Plaintiffs-Appellants, v. ABBOTT LABORATORIES, Defendant-Appellee
Opinion
PER CURIAM:
This is an appeal by class plaintiffs (“Appellants”) of an order denying their motion for a preliminary and permanent injunction against Locator of Missing Heirs, Inc. (“Ap-pellee”), a non-party to the pending Antitrust action brought by Appellants against several manufacturers of infant formula. The district court denied Appellants’ motion for lack of subject matter jurisdiction. We affirm.
Appellants say the district court has subject' matter jurisdiction over this matter involving a non-party under either Federal Rule of Civil Procedure 23(d) or the All Writs Act, 28 U.S.C. § 1651 .
* The district *843 court’s conclusion that it lacked subject matter is a question of law reviewed de novo. Sea Vessel, Inc. v. Reyes, 23 F.3d 345 (11th Cir.1994).
The Federal Rules of Civil Procedure do not create federal jurisdiction, see Owen Equipment & Erection Co. v. Kroger, 437 U.S. 365 , 368-370 & n. 7, 98 S.Ct. 2396 , 2400 & n. 7, 57 L.Ed.2d 274 (1978). Rule 23(d) is only a procedural law; it is not a grant of subject matter jurisdiction. The district court lacked subject matter jurisdiction over this matter.
AFFIRMED.
* Appellants propose the All Writs Act as a basis for subject matter jurisdiction for the first time on *843 appeal. Appellants never raised this issue at trial and are foreclosed from raising it now.
Singleton v. Wulff, 428 U.S. 106, 119-121 , 96 S.Ct. 2868, 2877 , 49 L.Ed.2d 826 (1976);
Federal Deposit Ins. Corp. v. Verex Assurance, Inc., 3 F.3d 391, 395 (11th Cir.1993).
How later courts describe this case
Explanatory parentheticals written by citing courts — 5 in all; the most informative distinct ones are shown.
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(holding that a court lacks subject matter jurisdiction to issue an injunction against a non-party)
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(affirming the district court’s denial of injunctive relief against nonparties because the district court lacked authority to enjoin entities that hadn’t been sued)
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(“The Federal Rules of Civil Procedure do not create federal jurisdiction.”)
Cited by 15 cases
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