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Bristol-Myers Squibb Co. v. New Mexico, ex rel. Balderas

Petition for certiorari denied on January 11, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
20-293 N.M. Ct. App. N/A N/A N/A N/A OT 2020

Issues: (1) Whether the federal government or a state government, as the real party in interest in a qui tam action brought in its name and litigated to judgment with its full knowledge, is bound by a final judgment on the merits when that government has declined to intervene; and (2) whether a state court may establish a novel “public policy” exception to the res judicata effect of a concededly final federal judgment when that exception runs to the exclusive benefit of a single party, the government.

DateProceedings and Orders (key to color coding)
Sep 03 2020Petition for a writ of certiorari filed. (Response due October 8, 2020)
Sep 17 2020Motion to extend the time to file a response from October 8, 2020 to November 5, 2020, submitted to The Clerk.
Sep 18 2020Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2020.
Nov 05 2020Brief of respondent State of New Mexico ex rel. Hector Balderas, Attorney General in opposition filed.
Nov 11 2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from November 24, 2020 to December 9, 2020, submitted to The Clerk.
Nov 12 2020Motion to delay distribution of the petition for a writ certiorari until December 9, 2020 granted.
Dec 08 2020Reply of petitioners Bristol-Myers Squibb Co., et al. filed. (Distributed)
Dec 09 2020DISTRIBUTED for Conference of 1/8/2021.
Jan 11 2021Petition DENIED.