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Teva Pharmaceuticals USA, Inc. v. Superior Court of California, Orange County

Petition for certiorari denied on January 20, 2015
Docket No. Op. Below Argument Opinion Vote Author Term
13-956 Cal. Ct. App. N/A N/A N/A N/A OT 2014

Issue: Whether the California Court of Appeal erred when it deepened an acknowledged circuit split and held—contrary to this Court's decisions in Buckman Co. v. Plaintiffs’ Legal Committee and PLIVA, Inc. v. Mensing; the decisions of the Fifth and Eleventh Circuits in Morris v. PLIVA, Inc. and Guarino v. Wyeth, LLC; and the plain language of the federal Food, Drug, and Cosmetic Act (“FDCA”)—that federal law does not preempt state tort claims predicated on allegations that a generic drug manufacturer violated the FDCA by failing to immediately implement or otherwise disseminate notice of labeling changes that the United States Food and Drug Administration had approved for use on a generic drug product's brand-name equivalent. CVSG: 12/16/2014.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 3 2013Application (13A563) to extend the time to file a petition for a writ of certiorari from December 24, 2013 to February 7, 2014, submitted to Justice Kennedy.
Dec 5 2013Application (13A563) granted by Justice Kennedy extending the time to file until February 7, 2014.
Feb 7 2014Petition for a writ of certiorari filed. (Response due March 13, 2014)
Mar 13 2014Waiver of right of respondent Olga Pikerie, Real Party in Interest to respond filed.
Apr 2 2014DISTRIBUTED for Conference of April 18, 2014.
Apr 3 2014Response Requested . (Due May 5, 2014)
Apr 23 2014Order extending time to file response to petition to and including June 4, 2014.
Jun 4 2014Brief of respondent Olga Pikerie, Real Party in Interest in opposition filed.
Jun 10 2014Reply of petitioners Teva Pharmaceuticals USA, Inc., et al. filed.
Jun 10 2014DISTRIBUTED for Conference of June 26, 2014.
Jun 30 2014The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 16 2014Brief amicus curiae of United States filed.
Dec 30 2014DISTRIBUTED for Conference of January 16, 2015.
Dec 30 2014Supplemental brief of petitioners Teva Pharmaceuticals USA, Inc., et al. filed. (Distributed)
Jan 20 2015Petition DENIED.