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Johnson & Johnson v. California

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
22-447 Cal. Ct. App. TBD TBD TBD TBD TBD

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.

DateProceedings and Orders (key to color coding)
Sep 19 2022Application (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 2022Application (22A256) granted by Justice Kagan extending the time to file until November 10, 2022.
Nov 10 2022Petition for a writ of certiorari filed. (Response due December 15, 2022)
Nov 23 2022Motion to extend the time to file a response from December 15, 2022 to January 16, 2023, submitted to The Clerk.
Nov 28 2022Motion 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 2022Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Dec 15 2022Brief amicus curiae of Advanced Medical Technology Association filed.
Dec 15 2022Brief amicus curiae of Washington Legal Foundation filed.
Dec 15 2022Brief amici curiae of National Association of Manufacturers, et al. filed.
Jan 17 2023Brief of respondent California in opposition filed.
Jan 30 2023Reply of Johnson & Johnson, et al. submitted.