Mutual Pharmaceutical Co. v. Bartlett

Docket No. Op. Below Argument Opinion Vote Author Term
12-142 1st Cir. Mar 19, 2013
Tr.Aud. 		TBD TBD TBD OT 2012
 

Issue: Whether the First Circuit Court of Appeals erred when it created a circuit split and held – in clear conflict with this Court’s decisions in PLIVA v. Mensing, Riegel v. Medtronic, and Cipollone v. Liggett Group – that federal law does not preempt state law design-defect claims targeting generic pharmaceutical products because the conceded conflict between such claims and the federal laws governing generic pharmaceutical design allegedly can be avoided if the makers of generic pharmaceuticals simply stop making their products.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 31 2012Petition for a writ of certiorari filed. (Response due August 31, 2012)
Aug 24 2012Order extending time to file response to petition to and including October 1, 2012.
Aug 31 2012Brief amicus curiae of Generic Pharmaceutical Association filed.
Aug 31 2012Brief amici curiae of Morton Grove Pharmaceuticals, Inc., et al. filed.
Sep 27 2012Order further extending time to file response to petition to and including October 31, 2012.
Oct 31 2012Brief of respondent Karen L. Bartlett in opposition filed.
Nov 13 2012DISTRIBUTED for Conference of November 30, 2012.
Nov 13 2012Reply of petitioner Mutual Pharmaceutical Company, Inc. filed. (Distributed)
Nov 30 2012Petition GRANTED.
Jan 7 2013SET FOR ARGUMEMT ON Tuesday, March 19, 2013
Jan 11 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
Jan 14 2013Joint appendix filed (2 volumes). (Statement of costs received.)
Jan 14 2013Brief of petitioner Mutual Pharmaceutical Company, Inc. filed.
Jan 14 2013Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner.
Jan 18 2013Record received from the U.S.C.A for the First Circuit. (1 Box). Video and Text CD's of the Testimony and Video Deposition are on the P: Drive
Jan 22 2013Brief amicus curiae of the United States filed.
Jan 22 2013Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Jan 22 2013Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jan 22 2013Brief amici curiae of Washington Legal Foundation, and Allied Educational Foundation filed.
Jan 22 2013Brief amicus curiae of Generic Pharmaceutical Association filed.
Jan 22 2013Brief amicus curiae of DRI filed.
Jan 22 2013Brief amici curiae of Ranbaxy Pharmaceuticals Inc., et al. filed.
Jan 28 2013Record from U.S.D.C.f or the District of New Hampshire is electronic. There are sealed documents in this record.
Jan 28 2013CIRCULATED.
Feb 13 2013Brief of respondent Karen L. Bartlett filed. (Distributed)
Feb 20 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 20 2013Brief amici curiae of Senator Tom Harkin and Representative Henry A. Waxman filed. (Distributed)
Feb 20 2013Brief amicus curiae of Council of State Governments filed. (Distributed)
Feb 20 2013Brief amicus curiae of Dr. John T. Schulz, III filed. (Distributed)
Feb 20 2013Brief amici curiae of Former FDA Commissioners Dr. Donald Kennedy and Dr. David A. Kessler filed. (Distributed)
Feb 20 2013Brief amici curiae of John and Tammy Gilbert, et al. filed.
Feb 20 2013Brief amici curiae of American Association for Justice and Public Justice filed. (Distributed)
Feb 20 2013Brief amici curiae of Torts Professors filed. (Distributed)
Feb 20 2013Brief amici curiae of Public Law Scholars filed. (Distributed)
Feb 27 2013Letter noting amended corporate disclosure statement received from counsel for the petitioner. (DISTRIBUTED)
Mar 4 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 12 2013Reply of petitioner Mutual Pharmaceutical Company, Inc. filed. (Distributed)
Mar 19 2013Argued. For petitioner: Jay P. Lefkowitz, New York, N. Y.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)