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We're currently hosting a symposium on Tuesday's decision in Espinoza v. Montana Department of Revenue. Click to follow along.
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On Thursday, the court released orders from the July 1 conference. The justices granted five cases for a total of four hours of oral argument next term.
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Takeda Pharmaceutical Co. v. Painters and Allied Trades District Council 82 Health Care Fund

Petition for certiorari denied on June 8, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-1069 9th Cir. N/A N/A N/A N/A OT 2019

Issues: (1) Whether the chain of causation between a manufacturer’s allegedly false or misleading statements or omissions and end payments for prescription drugs is too attenuated to satisfy the Racketeer Influenced and Corrupt Organizations Act’s proximate cause requirement, given that every prescription-drug payment depends on numerous intervening factors, including a doctor’s independent decision to prescribe; (2) whether everyone who pays for a product with an alleged latent risk or defect necessarily suffers injury sufficient to confer Article III standing, even when the product is fully consumed, provides the bargained-for benefits and causes no ill effects.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 26 2020Petition for a writ of certiorari filed. (Response due March 30, 2020)
Mar 02 2020Blanket Consent filed by Petitioners, Takeda Pharmaceutical Company Limited, et al.
Mar 19 2020Motion to extend the time to file a response from March 30, 2020 to April 30, 2020, submitted to The Clerk.
Mar 19 2020Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2020.
Mar 27 2020Brief amici curiae of National Association of Manufacturers and American Tort Reform Association filed.
Mar 27 2020Brief amicus curiae of Washington Legal Foundation filed.
Mar 30 2020Brief amicus curiae of Pharmaceutical Research and Manufacturers of America (PhRMA) filed.
Apr 30 2020Brief of respondents Painters and Allied Trades District Council 82 Health Care Fund, et al. in opposition filed.
May 18 2020Reply of petitioners Takeda Pharmaceutical Company Limited, et al. filed. (Distributed)
May 19 2020DISTRIBUTED for Conference of 6/4/2020.
Jun 08 2020Petition DENIED.
Term Snapshot
At a Glance