|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-142||1st Cir.||Mar 19, 2013||Jun 24, 2013||5-4||Alito||OT 2012|
Holding: State-law design-defect claims that turn on the adequacy of a drug’s warnings are pre-empted by federal law under PLIVA v. Mensing.
Judgment: Reversed, 5-4, in an opinion by Justice Alito on June 24, 2013. Justice Breyer filed a dissenting opinion in which Justice Kagan joined. Justice Sotomayor filed a dissenting opinion in which Justice Ginsburg joined.
|Date||Proceedings and Orders |
|Jul 31 2012||Petition for a writ of certiorari filed. (Response due August 31, 2012)|
|Aug 24 2012||Order extending time to file response to petition to and including October 1, 2012.|
|Aug 31 2012||Brief amicus curiae of Generic Pharmaceutical Association filed.|
|Aug 31 2012||Brief amici curiae of Morton Grove Pharmaceuticals, Inc., et al. filed.|
|Sep 27 2012||Order further extending time to file response to petition to and including October 31, 2012.|
|Oct 31 2012||Brief of respondent Karen L. Bartlett in opposition filed.|
|Nov 13 2012||DISTRIBUTED for Conference of November 30, 2012.|
|Nov 13 2012||Reply of petitioner Mutual Pharmaceutical Company, Inc. filed. (Distributed)|
|Nov 30 2012||Petition GRANTED.|
|Jan 7 2013||SET FOR ARGUMEMT ON Tuesday, March 19, 2013|
|Jan 11 2013||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.|
|Jan 14 2013||Joint appendix filed (2 volumes). (Statement of costs received.)|
|Jan 14 2013||Brief of petitioner Mutual Pharmaceutical Company, Inc. filed.|
|Jan 14 2013||Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner.|
|Jan 18 2013||Record received from the U.S.C.A for the First Circuit. (1 Box). Video and Text CD's of the Testimony and Video Deposition are on the P: Drive|
|Jan 22 2013||Brief amicus curiae of the United States filed.|
|Jan 22 2013||Brief amicus curiae of Product Liability Advisory Council, Inc. filed.|
|Jan 22 2013||Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.|
|Jan 22 2013||Brief amici curiae of Washington Legal Foundation, and Allied Educational Foundation filed.|
|Jan 22 2013||Brief amicus curiae of Generic Pharmaceutical Association filed.|
|Jan 22 2013||Brief amicus curiae of DRI filed.|
|Jan 22 2013||Brief amici curiae of Ranbaxy Pharmaceuticals Inc., et al. filed.|
|Jan 28 2013||Record from U.S.D.C. for the District of New Hampshire is electronic. There are sealed documents in this record.|
|Jan 28 2013||CIRCULATED.|
|Feb 13 2013||Brief of respondent Karen L. Bartlett filed. (Distributed)|
|Feb 20 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Feb 20 2013||Brief amici curiae of Senator Tom Harkin and Representative Henry A. Waxman filed. (Distributed)|
|Feb 20 2013||Brief amicus curiae of Council of State Governments filed. (Distributed)|
|Feb 20 2013||Brief amicus curiae of Dr. John T. Schulz, III filed. (Distributed)|
|Feb 20 2013||Brief amici curiae of Former FDA Commissioners Dr. Donald Kennedy and Dr. David A. Kessler filed. (Distributed)|
|Feb 20 2013||Brief amici curiae of John and Tammy Gilbert, et al. filed.|
|Feb 20 2013||Brief amici curiae of American Association for Justice and Public Justice filed. (Distributed)|
|Feb 20 2013||Brief amici curiae of Torts Professors filed. (Distributed)|
|Feb 20 2013||Brief amici curiae of Public Law Scholars filed. (Distributed)|
|Feb 27 2013||Letter noting amended corporate disclosure statement received from counsel for the petitioner. (DISTRIBUTED)|
|Mar 4 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Mar 12 2013||Reply of petitioner Mutual Pharmaceutical Company, Inc. filed. (Distributed)|
|Mar 19 2013||Argued. For petitioner: Jay P. Lefkowitz, New York, N. Y.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: David C. Frederick, Washington, D. C.|
|Jun 24 2013||Judgment REVERSED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Breyer, J., filed a dissenting opinion, in which Kagan, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined.|
|Jul 26 2013||JUDGMENT ISSUED.|
|Jul 29 2013||Record returned to U.S.C.A. for 1st Circuit.|
|Aug 16 2013||Record returned to U.S.D.C. for District of New Hampshire.|
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