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Merck Sharp & Dohme Corporation v. Albrecht

Petition for certiorari denied on June 16, 2025

Docket No. Op. Below Argument Opinion Vote Author Term
24-977 3rd Cir. N/A N/A N/A N/A OT 2024

Issue: Whether, if a pharmaceutical manufacturer fully informs the Food & Drug Administration of all material information bearing on a drug’s potential risk and seeks approval to warn of that risk on the label, but the FDA formally denies the request without mandating any alternative warning, the manufacturer may nonetheless be held liable under state law for failure to warn of that risk.

DateProceedings and Orders (key to color coding)
01/16/2025Application (24A720) to extend the time to file a petition for a writ of certiorari from February 17, 2025 to March 19, 2025, submitted to Justice Alito.
01/24/2025Application (24A720) granted by Justice Alito extending the time to file until March 19, 2025.
03/10/2025Petition for a writ of certiorari filed. (Response due April 11, 2025)
04/02/2025Motion to extend the time to file a response from April 11, 2025 to May 12, 2025, submitted to The Clerk.
04/03/2025Motion to extend the time to file a response is granted and the time is extended to and including May 12, 2025.
04/11/2025Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
04/11/2025Brief amicus curiae of Washington Legal Foundation filed.
04/11/2025Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
05/12/2025Brief of respondents Doris Albrecht, et al. in opposition filed.
05/23/2025Reply of petitioner Merck Sharp & Dohme Corporation filed. (Distributed)
05/27/2025DISTRIBUTED for Conference of 6/12/2025.
06/16/2025Petition DENIED.