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Teva Pharmaceuticals USA, Inc. v. Wendell

Petition for certiorari denied on March 19, 2018

Docket No. Argument Opinion Vote Author Term
17-747 N/A N/A N/A N/A OT 2017

Issue: (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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
10/04/2017Application (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.
10/05/2017Application (17A376) granted by Justice Kennedy extending the time to file until November 20, 2017.
11/20/2017Petition for a writ of certiorari filed. (Response due December 20, 2017)
12/08/2017Motion to extend the time to file a response from December 20, 2017 to January 19, 2018, submitted to The Clerk.
12/14/2017Motion to extend the time to file a response is granted and the time is extended to and including January 19, 2018.
12/18/2017Brief of respondent GlaxoSmithKline LLC in support filed.
12/20/2017Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
12/20/2017Brief amicus curiae of DRI-The Voice of the Defense Bar filed.
01/03/2018Motion to extend the time to file a response from January 19, 2018 to February 2, 2018, submitted to The Clerk.
01/08/2018Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2018.
02/02/2018Brief of respondents Stephen Wendell, et ux. in opposition filed.
02/20/2018Reply of petitioner Teva Pharmaceuticals USA, Inc. filed.
02/21/2018DISTRIBUTED for Conference of 3/16/2018.
03/19/2018Petition DENIED.