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PLIVA, Inc. v. Kohles

Petition for certiorari denied on April 3, 2017

Docket No. Op. Below Argument Opinion Vote Author Term
16-684 N.J. N/A N/A N/A N/A OT 2016

Issue: Whether the prohibition on private enforcement of the federal Food, Drug, and Cosmetic Act precludes state-law tort claims predicated on allegations that a generic drug manufacturer violated the FDCA by failing to implement Food-and-Drug-Administration-approved labeling changes in a manner considered timely under state law.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
11/15/2016Application (16A491) to extend the time to file a petition for a writ of certiorari from November 20, 2016 to December 21, 2016, submitted to Justice Alito.
11/18/2016Application (16A491) denied by Justice Alito.
11/21/2016Petition for a writ of certiorari filed. (Response due December 23, 2016)
12/09/2016Waiver of right of respondent Phyllis Kohles, et al. to respond filed.
12/21/2016DISTRIBUTED for Conference of January 6, 2017.
12/27/2016Response Requested . (Due January 26, 2017)
01/23/2017Order extending time to file response to petition to and including February 27, 2017.
02/27/2017Brief of respondents Phyllis Kohles, et al. in opposition filed.
03/14/2017Reply of petitioners PLIVA, Inc., et al. filed.
03/15/2017DISTRIBUTED for Conference of March 31, 2017.
04/03/2017Petition DENIED.