Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
16-1220 2d Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the U.S. Court of Appeals for the 2nd Circuit, in conflict with the decisions of three courts of appeals, erred in exercising jurisdiction under 28 U.S.C. § 1291 over a pre-trial order denying a motion to dismiss following a full trial on the merits; (2) whether a court may exercise independent review of an appearing foreign sovereign's interpretation of its domestic law (as held by the U.S. Courts of Appeals for the 5th, 6th, 7th, 11th and District of Columbia Circuits), or whether a court is “bound to defer” to a foreign government's legal statement, as a matter of international comity, whenever the foreign government appears before the court (as held by the opinion below in accord with the U.S. Court of Appeals for the 9th Circuit); and (3) whether a court may abstain from exercising jurisdiction on a case-by-case basis, as a matter of discretionary international comity, over an otherwise valid Sherman Antitrust Act claim involving purely domestic injury. CVSG: 11/14/2017.

SCOTUSblog Coverage

DateProceedings and Orders
Jan 03 2017Application (16A650) to extend the time to file a petition for a writ of certiorari from February 2, 2017 to April 3, 2017, submitted to Justice Ginsburg.
Jan 03 2017Application (16A650) granted by Justice Ginsburg extending the time to file until April 3, 2017.
Apr 03 2017Petition for a writ of certiorari filed. (Response due May 12, 2017)
Apr 25 2017Order extending time to file response to petition to and including June 5, 2017.
Apr 27 2017Brief amici curiae of Professors Williams S. Dodge and Paul B. Stephan filed.
May 16 2017Letter of May 11, 2017, from counsel for petitioners received waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5.
Jun 05 2017Brief of respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. in opposition filed. (Distributed)
Jun 06 2017DISTRIBUTED for Conference of June 22, 2017.
Jun 13 2017Reply of petitioners Animal Science Products, Inc., et al. filed. (Distributed)
Jun 26 2017The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Nov 14 2017Brief amicus curiae of United States filed.
Nov 14 2017Amicus brief of Petitioners in part submitted.
Term Snapshot