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Merck Sharp & Dohme Corp. v. Albrecht

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-290 3d Cir. TBD TBD TBD TBD TBD

Issue: Whether a state-law failure-to-warn claim is pre-empted when the Food and Drug Administration rejected the drug manufacturer's proposal to warn about the risk after being provided with the relevant scientific data, or whether such a case must go to a jury for conjecture as to why the FDA rejected the proposed warning. CVSG: 05/22/2018.

DateProceedings and Orders
Jun 23 2017Application (16A1264) to extend the time to file a petition for a writ of certiorari from July 23, 2017 to August 22, 2017, submitted to Justice Alito.
Jun 27 2017Application (16A1264) granted by Justice Alito extending the time to file until August 22, 2017.
Aug 22 2017Petition for a writ of certiorari filed. (Response due September 25, 2017)
Aug 31 2017Waiver of right of respondents Affronti, Joanne, et al. to respond filed.
Sep 11 2017Blanket Consent filed by Petitioner, Merck Sharp & Dohme Corp. on 09/12/2017
Sep 19 2017Waiver of right of respondents Esther Parker & Pamela Paralikis to respond filed.
Sep 20 2017Blanket Consent filed by Respondents, Albrecht, Doris, et al. on 09/21/2017
Sep 21 2017Order extending time to file response to petition to and including October 25, 2017, for all respondents.
Sep 22 2017Because Justice Alito now realizes that he should have recused himself from consideration of this application, the order of June 27, 2017, is vacated. Pursuant to Rule 22.2, the application (16A1264) to extend the time to file a petition for a writ of certiorari from July 23, 2017 to August 22, 2017, has been submitted to Justice Sotomayor.
Sep 22 2017Application (16A1264) granted by Justice Sotomayor extending the time to file until August 22, 2017. (Justice Alito is recused)
Sep 25 2017Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Sep 25 2017Brief amici curiae of Product Liability Adisory Council, Inc., et al. filed.
Oct 25 2017Brief of respondents Doris Albrecht, et al. in opposition filed.
Nov 08 2017DISTRIBUTED for Conference of 12/1/2017.
Nov 08 2017Reply of petitioner Merck Sharp & Dohme Corp. filed. (Distributed)
Dec 04 2017The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Alito took no part in the consideration or decision of this petition.
May 22 2018Brief amicus curiae of United States filed (to be corrected and reprinted).
May 22 2018Brief amicus curiae of United States filed (Corrected brief received 5/29/18).
Jun 05 2018DISTRIBUTED for Conference of 6/21/2018.
Jun 05 2018Supplemental brief of respondents Doris Albrecht, et al. filed. (Distributed)
Jun 07 2018Supplemental brief of petitioner Merck Sharp & Dohme Corp. filed. (Distributed)
 
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