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Johnson & Johnson v. Reckis

Petition for certiorari denied on January 19, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-449 Mass. N/A N/A N/A N/A OT 2015

Issue: Whether the Massachusetts Supreme Judicial Court erred when it held, in direct conflict with the Seventh Circuit, that FDA's rejection of warning language proposed in a Citizen Petition is not “clear evidence” sufficient to preempt state tort claims that the manufacturer was obligated to add the FDA-rejected language to its drug's labeling.

DateProceedings and Orders (key to color coding)
Aug 14 2015Application (15A197) to extend the time to file a petition for a writ of certiorari from September 8, 2015 to October 8, 2015, submitted to Justice Breyer.
Aug 21 2015Application (15A197) granted by Justice Breyer extending the time to file until October 8, 2015.
Oct 8 2015Petition for a writ of certiorari filed. (Response due November 9, 2015)
Oct 27 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Oct 30 2015Order extending time to file response to petition to and including December 9, 2015.
Nov 9 2015Brief amici curiae of Biotechnology Industry Organization, et al. filed.
Nov 9 2015Brief amici curiae of Washington Legal Foundation, and Allied Educational Foundation filed.
Nov 9 2015Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Nov 9 2015Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Dec 9 2015Brief of respondents Lisa Reckis, Richard Reckis, and Samantha Reckis in opposition filed.
Dec 30 2015DISTRIBUTED for Conference of January 15, 2016.
Dec 30 2015Reply of petitioners Johnson & Johnson, and McNeil-PPC filed. (Distributed)
Jan 19 2016Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.