Oral Arguments: Wednesday, April 20
on Apr 19, 2005 at 10:24 pm
The Court will hear oral arguments in two cases tomorrow.
The first case, No. 03-1327, Merck KGaA v. Integra Lifesciences, presents the question whether the FDA’s “safe harbor” provision protects the preclinical studies that generally accompany the application to the FDA that must be made before testing a new drug on humans. E. Joshua Rosenkranz will argue on behalf of the petitioner, while Assistant to the Solicitor General Daryl Joseffer will argue on behalf of the U.S. as amicus curiae in support of the petitioner. Mauricio Flores will argue on the respondent’s behalf. You can read Jeffrey Harris’s excellent summary of the case, which was posted last week on SCOTUSBlog, here.
The second case to be argued is No. 04-169, Graham County Soil & Water Conservation District v. United States. At issue is which statute of limitations — the six-year one provided by the Federal False Claims Act, or the three-year one provided by the relevant state law — applies to a whistleblower’s retaliation claim. Christopher Browning, the Solicitor General of North Carolina, will argue on behalf of the petitioner; Assistant to the Solicitor General Douglas Hallward-Driemeier will argue on behalf of the United States.
