Mutual Pharmaceutical Co. v. Bartlett

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Mutual Pharmaceutical Co. v. Bartlett

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Conference of June 13, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-142	1st Cir.	Mar 19, 2013 Tr.Aud.	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.

Opinion analysis: Court reaffirms tort protections for generic pharmaceutical manufacturers (Ronald Mann)
The "view" from the Court: June 24, 2013 (Mark Walsh)
Details: Mutual Pharmaceutical Co. v. Bartlett (Tejinder Singh)
Argument recap: Court troubled by tort protections for generic pharmaceutical manufacturers (Ronald Mann)
Argument preview: Court to write yet another chapter on tort protections for generic pharmaceutical manufacturers (Ronald Mann)
SCOTUS for law students (sponsored by Bloomberg Law): Preemption again (Stephen Wermiel)
Petition of the day (Ben Cheng)

Date	Proceedings and Orders (key to color coding)
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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The Supreme Court will release orders from the June 13 conference on Monday at 9:30 a.m.; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their June 20 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
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Recent Decisions
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
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Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
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Cases argued	69
Cases decided	42
Summary reversals	5
Merits cases granted to date	73

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