Teva Pharmaceuticals USA, Inc. v. Wendell
Petition for certiorari denied on March 19, 2018
Issues: (1) Whether the two-part standard of reviewing expert-admissibility rulings employed by the U.S. Court of Appeals for the 9th Circuit, along with the U.S. Courts of Appeals for the 3rd and 7th Circuits, improperly empowers these courts to reverse district court decisions to exclude evidence without “the deference that is the hallmark of abuse-of-discretion review"; and (2) whether an expert's qualifications and mere invocation of a scientific methodology can be sufficient to require admission of his testimony, as the U.S. Court of Appeals for the 9th Circuit concluded, or whether Federal Rule of Evidence 702 requires that a witness, no matter how qualified, must also satisfy the court that his methodology was “reliably applied to the facts of the case,” as several other circuits have held.
Date | Proceedings and Orders (key to color coding) |
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Oct 04 2017 | Application (17A376) to extend the time to file a petition for a writ of certiorari from October 19, 2017 to November 20, 2017, submitted to Justice Kennedy. |
Oct 05 2017 | Application (17A376) granted by Justice Kennedy extending the time to file until November 20, 2017. |
Nov 20 2017 | Petition for a writ of certiorari filed. (Response due December 20, 2017) |
Dec 08 2017 | Motion to extend the time to file a response from December 20, 2017 to January 19, 2018, submitted to The Clerk. |
Dec 14 2017 | Motion to extend the time to file a response is granted and the time is extended to and including January 19, 2018. |
Dec 18 2017 | Brief of respondent GlaxoSmithKline LLC in support filed. |
Dec 20 2017 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. |
Dec 20 2017 | Brief amicus curiae of DRI-The Voice of the Defense Bar filed. |
Jan 03 2018 | Motion to extend the time to file a response from January 19, 2018 to February 2, 2018, submitted to The Clerk. |
Jan 08 2018 | Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2018. |
Feb 02 2018 | Brief of respondents Stephen Wendell, et ux. in opposition filed. |
Feb 20 2018 | Reply of petitioner Teva Pharmaceuticals USA, Inc. filed. |
Feb 21 2018 | DISTRIBUTED for Conference of 3/16/2018. |
Mar 19 2018 | Petition DENIED. |