Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd.
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-1220 | Apr 24, 2018 | Jun 14, 2018 | 9-0 | Ginsburg | OT 2017 |
Holding: A federal court determining foreign law under Federal Rule of Civil Procedure 44.1 should accord respectful consideration to a foreign government"s submission, but the court is not bound to accord conclusive effect to the foreign government"s statements.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Ginsburg on June 14, 2018.
SCOTUSblog Coverage
- Opinion analysis: "Respectful consideration," but not deference, required on foreign-law questions (Amy Howe, June 14, 2018)
- A view from the courtroom: Only a few more days (Mark Walsh, June 14, 2018)
- Argument analysis: Justices seem ready to reject binding-deference rule for foreign law (Amy Howe, April 25, 2018)
- Argument preview: Justices to consider deference to foreign governments legal interpretations (Amy Howe, April 17, 2018)
- Court bulks up this terms docket (UPDATED) (Amy Howe, January 12, 2018)
- Today's orders (part 2) (Amy Howe, June 27, 2017)
| Date | Proceedings and Orders |
|---|---|
| 01/03/2017 | Application (16A650) to extend the time to file a petition for a writ of certiorari from February 2, 2017 to April 3, 2017, submitted to Justice Ginsburg. |
| 01/03/2017 | Application (16A650) granted by Justice Ginsburg extending the time to file until April 3, 2017. |
| 04/03/2017 | Petition for a writ of certiorari filed. (Response due May 12, 2017) |
| 04/25/2017 | Order extending time to file response to petition to and including June 5, 2017. |
| 04/27/2017 | Brief amici curiae of Professors Williams S. Dodge and Paul B. Stephan filed. |
| 05/16/2017 | Letter of May 11, 2017, from counsel for petitioners received waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5. |
| 06/05/2017 | Brief of respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. in opposition filed. (Distributed) |
| 06/06/2017 | DISTRIBUTED for Conference of June 22, 2017. |
| 06/13/2017 | Reply of petitioners Animal Science Products, Inc., et al. filed. (Distributed) |
| 06/26/2017 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 11/14/2017 | Brief amicus curiae of United States filed. |
| 11/27/2017 | Supplemental brief of respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. filed. (Distributed) |
| 11/28/2017 | Supplemental brief of petitioners Animal Science Products, et al. filed. (Distributed) |
| 11/29/2017 | DISTRIBUTED for Conference of 1/5/2018. |
| 01/08/2018 | DISTRIBUTED for Conference of 1/12/2018. |
| 01/12/2018 | Petition GRANTED limited to Question 2 presented by the petition. |
| 02/15/2018 | Blanket Consent filed by respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. |
| 02/23/2018 | SET FOR ARGUMENT on Tuesday, April 24, 2018. |
| 02/26/2018 | Joint appendix filed (Statement of cost filed). (Distributed) |
| 02/26/2018 | Brief of petitioners Animal Science Products, et al. filed. |
| 03/01/2018 | Brief amici curiae of Professors Of Conflict Of Laws And Civil Procedure As Amici Curiae In Support Of Petitioners filed. (Distributed) |
| 03/02/2018 | Brief amicus curiae of Professors of International Litigation in Support of Neither Party filed. (Distributed) |
| 03/05/2018 | Brief amici curiae of Donald Clarke and Nicholas Calcina Howson filed. (Distributed) |
| 03/05/2018 | Brief amicus curiae of American Antitrust Institute filed. (Distributed) |
| 03/05/2018 | Brief amici curiae of Professors Samuel Estreicher and Thomas Lee filed in Support of Neither Party. (Distributed) |
| 03/05/2018 | Brief amicus curiae of United States filed. |
| 03/05/2018 | Brief amicus curiae of Chamber of Commerce of The United States of America filed. (Distributed) |
| 03/07/2018 | CIRCULATED |
| 03/19/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 03/22/2018 | Joint motion of respondents and amicus curiae Ministry of Commerce of the People's Republic of China for leave to allow Ministry of Commerce of the People's Republic of China to participate in oral argument as amicus curiae and for divided argument filed. |
| 03/28/2018 | Brief of respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. filed. (Distributed) |
| 04/04/2018 | Brief amici curiae of Chinese Professors of Administrative Law filed. (Distributed) |
| 04/04/2018 | Brief amicus curiae of China Chamber of International Commerce filed. (Distributed) |
| 04/04/2018 | Brief amicus curiae of Ministry of Commerce of the People's Republic of China filed. (Distributed) |
| 04/13/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 04/13/2018 | Joint motion of respondents and amicus curiae Ministry of Commerce of the People's Republic of China for leave to allow Ministry of Commerce of the People's Republic of China to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 04/17/2018 | Reply of petitioners Animal Science Products, et al. filed. (Distributed) |
| 04/24/2018 | Argued. For petitioners: Michael J. Gottlieb, Washington, D. C.; and Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Carter G. Phillips, Washington, D. C. (for Ministry of Commerce of the People's Republic of China, as amicus curiae); and Jonathan Jacobson, New York, N. Y. (for respondents). |
| 06/14/2018 | Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court. |
| 07/16/2018 | JUDGMENT ISSUED. |