Skip to main content

Johnson & Johnson v. Reckis

Certiorari Denied

Petition for certiorari denied on January 19, 2016.

Docket No.15-449
Op. BelowMass.

Issue

Whether the Massachusetts Supreme Judicial Court erred when it held, in direct conflict with the Seventh Circuit, that FDA's rejection of warning language proposed in a Citizen Petition is not "clear evidence" sufficient to preempt state tort claims that the manufacturer was obligated to add the FDA-rejected language to its drug's labeling.

Proceedings & orders timeline

Aug 14, 2015
Application (15A197) to extend the time to file a petition for a writ of certiorari from September 8, 2015 to October 8, 2015, submitted to Justice Breyer.
Aug 21, 2015
Application (15A197) granted by Justice Breyer extending the time to file until October 8, 2015.
Oct 8, 2015
Petition for a writ of certiorari filed. (Response due November 9, 2015)
Oct 27, 2015
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Oct 30, 2015
Order extending time to file response to petition to and including December 9, 2015.
Nov 9, 2015
Brief amici curiae of Biotechnology Industry Organization, et al. filed.
Nov 9, 2015
Brief amici curiae of Washington Legal Foundation, and Allied Educational Foundation filed.
Nov 9, 2015
Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Nov 9, 2015
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Dec 9, 2015
Brief of respondents Lisa Reckis, Richard Reckis, and Samantha Reckis in opposition filed.
Dec 30, 2015
DISTRIBUTED for Conference of January 15, 2016.
Dec 30, 2015
Reply of petitioners Johnson & Johnson, and McNeil-PPC filed. (Distributed)
Jan 19, 2016
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.