|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-761||9th Cir.||Apr 21, 2014||Jun 12, 2014||8-0||Kennedy||OT 2013|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to POM Wonderful in this case.
Holding: Competitors may bring Lanham Act claims alleging unfair competition from false or misleading product descriptions on food and beverage labels regulated by the Federal Food, Drug and Cosmetic Act.
Judgment: Reversed and remanded, 8-0, in an opinion by Justice Kennedy on June 12, 2014. Justice Breyer took no part in the consideration of this case.
|Date||Proceedings and Orders |
|Oct 25 2012||Application (12A420) to extend the time to file a petition for a writ of certiorari from November 6, 2012 to December 21, 2012, submitted to Justice Kennedy.|
|Oct 31 2012||Application (12A420) granted by Justice Kennedy extending the time to file until December 21, 2012.|
|Dec 21 2012||Petition for a writ of certiorari filed. (Response due January 25, 2013)|
|Jan 10 2013||Order extending time to file response to petition to and including February 25, 2013.|
|Feb 22 2013||Brief of respondent The Coca-Cola Company in opposition filed.|
|Mar 6 2013||DISTRIBUTED for Conference of March 22, 2013.|
|Mar 7 2013||Reply of petitioner POM Wonderful LLC filed. (Distributed)|
|Mar 25 2013||The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Breyer took no part in the consideration or decision of this petition.|
|Nov 27 2013||Brief amicus curiae of United States filed.|
|Dec 10 2013||Supplemental brief of petitioner POM Wonderful LLC filed.|
|Dec 11 2013||DISTRIBUTED for Conference of January 10, 2014.|
|Dec 17 2013||Supplemental brief of respondent The Coca-Cola Company filed. (Distributed)|
|Jan 10 2014||Petition GRANTED. Justice Breyer and Justice Alito took no part in the consideration or decision of this petition.|
|Feb 11 2014||SET FOR ARGUMENT ON Monday, April 21, 2014|
|Feb 14 2014||Record received from U.S.C.A. 9th Circuit is electronic and located on PACER.|
|Feb 14 2014||Record received from U.S.D.C. Central District of California is located on PACER. A portion of this record is SEALED.|
|Feb 24 2014||Joint appendix filed. (Statement of costs filed.)|
|Feb 24 2014||Brief of petitioner POM Wonderful LLC filed.|
|Mar 3 2014||Brief amicus curiae of the United States in support of neither party filed.|
|Mar 3 2014||Brief amicus curiae of International Trademark Association filed.|
|Mar 3 2014||Brief amicus curiae of Generic Pharmaceutical Association in support of neither party filed.|
|Mar 3 2014||Brief amicus curiae of Alaska, et al. filed.|
|Mar 3 2014||Brief amicus curiae of FDA Commissioner Dr. Donald Kennedy filed.|
|Mar 3 2014||Brief amicus curiae of The American Intellectual Property Law Association in support of neither party filed.|
|Mar 3 2014||Brief amici curiae of Public Citizen, Inc., et al. filed.|
|Mar 10 2014||CIRCULATED.|
|Mar 26 2014||Brief of respondent The Coca-Cola Company filed. (Distributed)|
|Apr 2 2014||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Apr 2 2014||Brief amicus curiae of Dr. Michael Friedman, Former Acting Commissioner and Lead Deputy Commissioner for the United States FDA filed. (Distributed)|
|Apr 2 2014||Brief amicus curiae of American Beverage Association filed. (Distributed)|
|Apr 2 2014||Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. (Distributed)|
|Apr 2 2014||Brief amicus curiae of DRI - The Voice of the Defense Bar filed.|
|Apr 11 2014||Reply of petitioner POM Wonderful LLC filed. (Distributed)|
|Apr 16 2014||Justice Alito is no longer recused in this case.|
|Apr 18 2014||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Breyer took no part in the consideration or decision of this motion.|
|Apr 21 2014||Argued. For petitioner: Seth P. Waxman, Washington, D. C. For the United States, as amicus curiae: Melissa Arbus Sherry, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Kathleen M. Sullivan, New York, N. Y.|
|Jun 12 2014||Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which all other Members joined, except Breyer, J., who took no part in the consideration or decision of the case.|
|Jul 14 2014||JUDGMENT ISSUED.|
It's official: In the first-ever SCOTUS bracketology tournament, our readers have chosen CHIEF JUSTICE EARL WARREN as the greatest justice in history. The author of Brown v. Board, Loving v. Virginia, and Miranda v. Arizona defeated top-seeded John Marshall in the final round.
We've reached the final round of SCOTUS bracketology, and two illustrious chief justices are facing off for the championship. One wrote Marbury v. Madison. The other wrote Brown v. Board. Our full write-up on both finalists is here: https://www.scotusblog.com/2021/04/the-great-chief-and-the-super-chief-a-final-showdown-in-supreme-court-march-madness/
Cast your vote below!
NEW: The Supreme Court will issue opinion(s?) next Thursday April 22. We’re still waiting on decisions in the ACA case and Fulton v. City of Philadelphia about religious liberty and LGBT rights.
Four Democrats unveiled legislation today to expand the size of the Supreme Court from nine justices to 13 -- but Democratic leaders in both the House and Senate quickly threw cold water on the proposal.
Here's our report from @jamesromoser:
Bill to enlarge the Supreme Court faces dim prospects in Congress - SCOTUSblog
Four congressional Democrats introduced legislation Thursday to expand the number of seats on the Supreme Court from ...
We're so excited about our April 15 Live Webinar (w/ @HarvardACS & @HarvardFedSoc), Covering the Court, featuring an all-star lineup of panelists @jduffyrice, @katieleebarlow, @whignewtons, & @stevenmazie! _👩⚖️👩⚖️👩⚖️👨⚖️👨⚖️👨⚖️👨⚖️👨⚖️👨⚖️_ Register here ➡️ https://harvard.zoom.us/webinar/register/WN_k_b_9IPBQ_GV37rpsjF9kw
Senator Markey (D-Ma) is delivering remarks right now in front of the Supreme Court introducing the Judiciary Act of 2021 to expand the court to 13 justices. He’s flanked by Chairman of House Judiciary, Jerry Nadler (D-NY), and Hank Johnson (D-Ga).
We've reached the final round of SCOTUS bracketology, and two illustrious chief justices are facing off for the championship. One wrote Marbury v. Madison. The other wrote Brown v. Board. Our full write-up on both finalists is here:
Cast your vote below!
The “great chief” and the “super chief”: A final showdown in Supreme Court March Madness - SCOTUSblog
Forget Ali vs. Frazier, Celtics vs. Lakers, or Evert vs. Navratilova. It’s time for Marshall vs. Warren. After...
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