Teva Pharmaceuticals USA, Inc. v. Wendell

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-747 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the two-part standard of reviewing expert-admissibility rulings employed by the U.S. Court of Appeals for the 9th Circuit, along with the U.S. Courts of Appeals for the 3rd and 7th Circuits, improperly empowers these courts to reverse district court decisions to exclude evidence without “the deference that is the hallmark of abuse-of-discretion review"; and (2) whether an expert's qualifications and mere invocation of a scientific methodology can be sufficient to require admission of his testimony, as the U.S. Court of Appeals for the 9th Circuit concluded, or whether Federal Rule of Evidence 702 requires that a witness, no matter how qualified, must also satisfy the court that his methodology was “reliably applied to the facts of the case,” as several other circuits have held.

SCOTUSblog Coverage

DateProceedings and Orders
Oct 04 2017Application (17A376) to extend the time to file a petition for a writ of certiorari from October 19, 2017 to November 20, 2017, submitted to Justice Kennedy.
Oct 05 2017Application (17A376) granted by Justice Kennedy extending the time to file until November 20, 2017.
Nov 20 2017Petition for a writ of certiorari filed. (Response due December 20, 2017)
Dec 08 2017Motion to extend the time to file a response from December 20, 2017 to January 19, 2018, submitted to The Clerk.
Dec 14 2017Motion to extend the time to file a response is granted and the time is extended to and including January 19, 2018.
Dec 18 2017Brief of respondent GlaxoSmithKline LLC in support filed.
Dec 20 2017Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Dec 20 2017Brief amicus curiae of DRI-The Voice of the Defense Bar filed.
Jan 03 2018Motion to extend the time to file a response from January 19, 2018 to February 2, 2018, submitted to The Clerk.
Jan 08 2018Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2018.
 
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