Skip to main content

Teva Pharmaceuticals USA, Inc. v. Wendell

Certiorari Denied

Petition for certiorari denied on March 19, 2018.

Docket No.17-747
Op. Below9th Cir.

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.

Proceedings & orders timeline

Oct 4, 2017
Application (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.
Oct 5, 2017
Application (17A376) granted by Justice Kennedy extending the time to file until November 20, 2017.
Nov 20, 2017
Petition for a writ of certiorari filed. (Response due December 20, 2017)
Dec 8, 2017
Motion to extend the time to file a response from December 20, 2017 to January 19, 2018, submitted to The Clerk.
Dec 14, 2017
Motion to extend the time to file a response is granted and the time is extended to and including January 19, 2018.
Dec 18, 2017
Brief of respondent GlaxoSmithKline LLC in support filed.
Dec 20, 2017
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Dec 20, 2017
Brief amicus curiae of DRI-The Voice of the Defense Bar filed.
Jan 3, 2018
Motion to extend the time to file a response from January 19, 2018 to February 2, 2018, submitted to The Clerk.
Jan 8, 2018
Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2018.
Feb 2, 2018
Brief of respondents Stephen Wendell, et ux. in opposition filed.
Feb 20, 2018
Reply of petitioner Teva Pharmaceuticals USA, Inc. filed.
Feb 21, 2018
DISTRIBUTED for Conference of 3/16/2018.
Mar 19, 2018
Petition DENIED.

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.