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McNeil-PPC, Inc. v. Hutto

Certiorari Denied

Petition for certiorari denied on October 9, 2012.

Docket No.12-122
Op. BelowLa. Ct. App.
SCOTUS Page

Issue

Whether the preemption rule set forth in PLIVA, Inc. v. Mensing applies to a state-law failure-to-warn claim challenging an over-the-counter (OTC) drug label, where the label was consistent with the applicable OTC monograph and could not be changed by the manufacturer without prior approval from the Food and Drug Administration.

Proceedings & orders timeline

Jul 26, 2012
Petition for a writ of certiorari filed. (Response due August 27, 2012)
Aug 9, 2012
Waiver of right of respondent Louisiana Patient's Compensation Fund to respond filed.
Aug 27, 2012
Brief amici curiae of Consumer Healthcare Products Association, et al. filed.
Aug 27, 2012
Brief of respondents Christina Hoyt Hutto, et al. in opposition filed.
Aug 27, 2012
Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Sep 12, 2012
DISTRIBUTED for Conference of October 5, 2012.
Sep 12, 2012
Reply of petitioner McNeil-PPC, Inc. filed. (Distributed)
Oct 9, 2012
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.

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