Johnson & Johnson v. California
Petition for certiorari denied on February 21, 2023
Issues: (1) Whether a robust fair notice standard applies to California’s Unfair Competition Law and False Advertising Law given the severe civil penalties at stake, the risk of chilling protected speech, and the criminal penalties involved; and (2) whether Ethicon had fair notice that it faced hundreds of millions of dollars in civil penalties under these statutes for materials sent to California, but not proven to have reached consumers.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Sep 19 2022 | Application (22A256) to extend the time to file a petition for a writ of certiorari from October 11, 2022 to November 10, 2022, submitted to Justice Kagan. |
| Sep 22 2022 | Application (22A256) granted by Justice Kagan extending the time to file until November 10, 2022. |
| Nov 10 2022 | Petition for a writ of certiorari filed. (Response due December 15, 2022) |
| Nov 23 2022 | Motion to extend the time to file a response from December 15, 2022 to January 16, 2023, submitted to The Clerk. |
| Nov 28 2022 | Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2023. See Rule 30.1. |
| Dec 15 2022 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. |
| Dec 15 2022 | Brief amicus curiae of Advanced Medical Technology Association filed. |
| Dec 15 2022 | Brief amicus curiae of Washington Legal Foundation filed. |
| Dec 15 2022 | Brief amici curiae of National Association of Manufacturers, et al. filed. |
| Jan 17 2023 | Brief of respondent California in opposition filed. |
| Jan 30 2023 | Reply of petitioners Johnson & Johnson, et al. filed. (Distributed) |
| Feb 01 2023 | DISTRIBUTED for Conference of 2/17/2023. |
| Feb 21 2023 | Petition DENIED. Justice Alito took no part in the consideration or decision of this petition. |
