Athena Cosmetics, Inc. v. Allergan, Inc.
Petition for certiorari denied on June 29, 2015
Issue: Whether, under Buckman Co. v. Plaintiffs’ Legal Committee, the Federal Food, Drug, and Cosmetic Act impliedly preempts a private state-law claim for unfair competition premised on a party’s purported failure to obtain Food and Drug Administration approval, where the Food and Drug Administration itself has not imposed any such requirement. CVSG: 05/26/2015.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Feb 28 2014 | Application (13A906) to extend the time to file a petition for a writ of certiorari from March 30, 2014 to May 15, 2014, submitted to The Chief Justice. |
| Mar 6 2014 | Application (13A906) granted by The Chief Justice extending the time to file until May 15, 2014. |
| May 15 2014 | Petition for a writ of certiorari filed. (Response due June 18, 2014) |
| May 21 2014 | Order extending time to file response to petition to and including July 18, 2014. |
| Jul 18 2014 | Brief of respondent Allergan, Inc. in opposition filed. |
| Aug 5 2014 | Reply of petitioner Athena Cosmetics, Inc. filed. (Distributed) |
| Aug 6 2014 | DISTRIBUTED for Conference of September 29, 2014. |
| Sep 9 2014 | Letter of respondent Allergan, Inc. received and. (Distributed) |
| Sep 10 2014 | Letter of petitioner Athena Cosmetics, Inc. received. (Distirbuted) |
| Oct 6 2014 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| May 26 2015 | Brief amicus curiae of United States filed. |
| Jun 8 2015 | Supplemental brief of petitioner Athena Cosmetics, Inc. filed. |
| Jun 9 2015 | DISTRIBUTED for Conference of June 25, 2015. |
| Jun 15 2015 | Supplemental brief of respondent Allergan, Inc. filed. (Distributed) |
| Jun 29 2015 | Petition DENIED. |
