|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|21-26||9th Cir.||N/A||N/A||N/A||N/A||OT 2021|
Issue: Whether preemption under the Medical Device Amendments to the Food, Drug, and Cosmetic Act supports Rule 12(b)(6) dismissal of state common law claims alleging failure to warn by virtue of inaccurate post-approval, post-sale public reporting of adverse events, and claims alleging defective manufacture of medical devices.
|Date||Proceedings and Orders |
|Jul 06 2021||Petition for a writ of certiorari filed. (Response due August 9, 2021)|
|Jul 20 2021||Motion to extend the time to file a response from August 9, 2021 to September 8, 2021, submitted to The Clerk.|
|Jul 21 2021||Motion to extend the time to file a response is granted and the time is extended to and including September 8, 2021.|
|Aug 26 2021||Motion to extend the time to file a response from September 8, 2021 to October 8, 2021, submitted to The Clerk.|
|Aug 27 2021||Motion to extend the time to file a response is granted and the time is further extended to and including October 8, 2021.|
|Oct 08 2021||Brief of respondent Mentor Worldwide LLC in opposition filed.|
|Oct 27 2021||DISTRIBUTED for Conference of 11/12/2021.|
|Nov 15 2021||Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.|
Today at SCOTUS: The investiture of Ketanji Brown Jackson, the first Black woman to serve as a justice. Jackson was sworn in over the summer, so the investiture is purely ceremonial. Joe Biden and Kamala Harris reportedly are expected to attend the invite-only event at the court.
JUST IN: The Supreme Court will continue to provide a live audio stream of oral arguments in the new term that begins on Monday. https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-28-22
SCOTUS releases new "circuit justice" lineup, with Jackson taking over the Boston-based 1st Circuit (formerly handled by Breyer). Each justice reviews emergency appeals from the regions covered by his or her circuits. (Controversial cases usually get referred to the full court.)
Today at SCOTUS: The justices meet privately for their annual "long conference" to review cert petitions that have rolled in over the summer. They'll also likely discuss the status of the Dobbs leak investigation and whether to continue live audio of oral arguments this term.
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf