|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.|
Wait wut.. RBG ghost-wrote the equal protection bits of Obergefell?!
And I learned this on @SCOTUSblog’s TikTok?! https://www.tiktok.com/@scotusblog/video/6922179577724931333
"This is not our first commission rodeo” says Levy. 😉
Love this write up of the @BrookingsInst's panel yesterday with @Susan_Hennessey, @danepps,@cdkang76, and @mollyereynolds.
Thanks, @SCOTUSblog and Kalvis Golde!
Spilling SCOTUS tea on TikTok today. Well, actually, @eskridgebill spilled the tea, we just tok’d about it. 🍵
The Supreme Court got rid of several cases this morning -- in one fell swoop. Read @AHoweBlogger's latest coverage of the emoluments cases, spiritual advisers at Texas executions, Texas abortion policies, COVID restrictions, and NY political corruption.
Justices vacate rulings on Trump and emoluments - SCOTUSblog
The Supreme Court on Monday morning released orders from the justices’ private conference on Friday, Jan. 22. The justices once again did not ac...
In this morning's orders list, SCOTUS took no action on pending cert petitions involving:
- Mississippi's near-ban on abortions after 15 weeks,
- a Trump rule banning Title X clinics from providing abortion referrals,
- the Trump administration's "public charge" immigration rule.
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