Mutual Pharmaceutical Co. v. Bartlett
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-142 | 1st Cir. | Mar 19, 2013 | Jun 24, 2013 | 5-4 | Alito | OT 2012 |
Holding: State-law design-defect claims that turn on the adequacy of a drug"s warnings are pre-empted by federal law under PLIVA v. Mensing.
Judgment: Reversed, 5-4, in an opinion by Justice Alito on June 24, 2013. Justice Breyer filed a dissenting opinion in which Justice Kagan joined. Justice Sotomayor filed a dissenting opinion in which Justice Ginsburg joined.
SCOTUSblog Coverage
- Opinion analysis: Court reaffirms tort protections for generic pharmaceutical manufacturers (Ronald Mann, July 1, 2013)
- Details: Mutual Pharmaceutical Co. v. Bartlett (Tejinder Singh, June 24, 2013)
- The "view" from the Court: June 24, 2013 (Mark Walsh, June 24, 2013)
- Argument recap: Court troubled by tort protections for generic pharmaceutical manufacturers (Ronald Mann, March 27, 2013)
- Argument preview: Court to write yet another chapter on tort protections for generic pharmaceutical manufacturers (Ronald Mann, March 14, 2013)
- SCOTUS for law students (sponsored by Bloomberg Law): Preemption again (Stephen Wermiel, March 11, 2013)
- Petition of the day (Ben Cheng, November 28, 2012)
| Date | Proceedings and Orders |
|---|---|
| 07/31/2012 | Petition for a writ of certiorari filed. (Response due August 31, 2012) |
| 08/24/2012 | Order extending time to file response to petition to and including October 1, 2012. |
| 08/31/2012 | Brief amicus curiae of Generic Pharmaceutical Association filed. |
| 08/31/2012 | Brief amici curiae of Morton Grove Pharmaceuticals, Inc., et al. filed. |
| 09/27/2012 | Order further extending time to file response to petition to and including October 31, 2012. |
| 10/31/2012 | Brief of respondent Karen L. Bartlett in opposition filed. |
| 11/13/2012 | DISTRIBUTED for Conference of November 30, 2012. |
| 11/13/2012 | Reply of petitioner Mutual Pharmaceutical Company, Inc. filed. (Distributed) |
| 11/30/2012 | Petition GRANTED. |
| 01/07/2013 | SET FOR ARGUMEMT ON Tuesday, March 19, 2013 |
| 01/11/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent. |
| 01/14/2013 | Joint appendix filed (2 volumes). (Statement of costs received.) |
| 01/14/2013 | Brief of petitioner Mutual Pharmaceutical Company, Inc. filed. |
| 01/14/2013 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner. |
| 01/18/2013 | Record received from the U.S.C.A for the First Circuit. (1 Box). Video and Text CD's of the Testimony and Video Deposition are on the P: Drive |
| 01/22/2013 | Brief amicus curiae of the United States filed. |
| 01/22/2013 | Brief amicus curiae of Product Liability Advisory Council, Inc. filed. |
| 01/22/2013 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 01/22/2013 | Brief amici curiae of Washington Legal Foundation, and Allied Educational Foundation filed. |
| 01/22/2013 | Brief amicus curiae of Generic Pharmaceutical Association filed. |
| 01/22/2013 | Brief amicus curiae of DRI filed. |
| 01/22/2013 | Brief amici curiae of Ranbaxy Pharmaceuticals Inc., et al. filed. |
| 01/28/2013 | Record from U.S.D.C. for the District of New Hampshire is electronic. There are sealed documents in this record. |
| 01/28/2013 | CIRCULATED. |
| 02/13/2013 | Brief of respondent Karen L. Bartlett filed. (Distributed) |
| 02/20/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 02/20/2013 | Brief amici curiae of Senator Tom Harkin and Representative Henry A. Waxman filed. (Distributed) |
| 02/20/2013 | Brief amicus curiae of Council of State Governments filed. (Distributed) |
| 02/20/2013 | Brief amicus curiae of Dr. John T. Schulz, III filed. (Distributed) |
| 02/20/2013 | Brief amici curiae of Former FDA Commissioners Dr. Donald Kennedy and Dr. David A. Kessler filed. (Distributed) |
| 02/20/2013 | Brief amici curiae of John and Tammy Gilbert, et al. filed. |
| 02/20/2013 | Brief amici curiae of American Association for Justice and Public Justice filed. (Distributed) |
| 02/20/2013 | Brief amici curiae of Torts Professors filed. (Distributed) |
| 02/20/2013 | Brief amici curiae of Public Law Scholars filed. (Distributed) |
| 02/27/2013 | Letter noting amended corporate disclosure statement received from counsel for the petitioner. (DISTRIBUTED) |
| 03/04/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 03/12/2013 | Reply of petitioner Mutual Pharmaceutical Company, Inc. filed. (Distributed) |
| 03/19/2013 | Argued. For petitioner: Jay P. Lefkowitz, New York, N. Y.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: David C. Frederick, Washington, D. C. |
| 06/24/2013 | Judgment REVERSED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Breyer, J., filed a dissenting opinion, in which Kagan, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined. |
| 07/26/2013 | JUDGMENT ISSUED. |
| 07/29/2013 | Record returned to U.S.C.A. for 1st Circuit. |
| 08/16/2013 | Record returned to U.S.D.C. for District of New Hampshire. |
Holding: State-law design-defect claims that turn on the adequacy of a drug”s warnings are pre-empted by federal law under”PLIVA v. Mensing.
Judgment:”Reversed, 5-4, in an opinion by Justice Alito on June 24, 2013. Justice Breyer filed a dissenting opinion in which Justice Kagan joined. Justice Sotomayor filed a dissenting opinion in which Justice Ginsburg joined.