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Decided

PLIVA, Inc. v. Mensing

Consolidated with Actavis Elizabeth, L.L.C. v. Mensing (09-1039), Actavis, Inc. v. Demahy (09-1501)
Docket No.09-993
Op. Below8th Circuit
ArgumentMar 30, 2011

Holding

Federal drug regulations applicable to generic drug manufacturers directly conflict with, and thus preempt, state-law tort claims alleging a failure to provide adequate warning labels.

Judgment

Reversed , 5-4, in an opinion by Clarence Thomas on Jun 23, 2011. The Chief Justice and Justices Scalia and Alito joined the opinion in full, while Justice Kennedy joined as to all but Part III-B-2. Justice Sotomayor filed a dissenting opinion, which was joined by Justices Ginsburg, Breyer, and Kagan.

Merits Briefs

Amicus Briefs

[##CERT-STAGE##]

Proceedings & orders timeline

Feb 19, 2010
Petition for a writ of certiorari filed. (Response due March 25, 2010)
Mar 5, 2010
Waiver of right of respondent Gladys Mensing to respond filed.
Mar 10, 2010
DISTRIBUTED for Conference of March 26, 2010.
Mar 22, 2010
Response Requested . (Due April 21, 2010)
Apr 21, 2010
Brief amicus curiae of Generic Pharmaceutical Association filed. VIDED.
Apr 21, 2010
Brief of respondent Gladys Mensing in opposition filed.
May 3, 2010
Reply of petitioners PLIVA, Inc., et al. filed.
May 4, 2010
DISTRIBUTED for Conference of May 20, 2010.
May 24, 2010
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Nov 2, 2010
Brief amicus curiae of United States filed. VIDED.
Nov 15, 2010
DISTRIBUTED for Conference of December 3, 2010.
Nov 23, 2010
Supplemental brief of petitioners PLIVA, Inc., et al. filed. (Distributed)
Dec 6, 2010
DISTRIBUTED for Conference of December 10, 2010.
Dec 10, 2010
Petition GRANTED The petitions for writs of certiorari in No. 09-1039 and No. 09-1501 are granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Dec 23, 2010
SET FOR ARGUMENT ON Wednesday, March 30, 2011.
Jan 20, 2011
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. VIDED.
Jan 24, 2011
Brief of petitioners PLIVA, Inc., et al. filed. VIDED.
Jan 24, 2011
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner Activis Elizabeth LLC. VIDED.
Jan 24, 2011
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners PLIVA, Inc., Teva Pharmaceuticals USA, Inc., and UDL Labs, Inc. VIDED.
Jan 24, 2011
Joint appendix filed. VIDED.
Jan 24, 2011
Brief of petitioners Actavis Inc. and Actavis Elizabeth LLC filed. VIDED.
Jan 24, 2011
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner Activis, Inc. VIDED.
Jan 31, 2011
Brief amicus curiae of Apotex, Inc. filed. VIDED.
Jan 31, 2011
Brief amici curiae of Morton Grove Pharmaceuticals, Inc., et al. filed. VIDED.
Jan 31, 2011
Brief amicus curiae of Generic Pharmaceutical Association filed. VIDED.
Feb 4, 2011
CIRCULATED. VIDED.
Feb 8, 2011
Record received from U.S.C.A. for 8th Circuit. (1 envelope)
Feb 8, 2011
Record from U.S.D.C. for the District of Minnesota is electronic.
Feb 23, 2011
Brief of respondents Gladys Mensing and Julie Demahy filed. VIDED. (Distributed)
Mar 2, 2011
Brief amici curiae of Public Citizen and AARP filed. VIDED. (Distributed)
Mar 2, 2011
Brief amicus curiae of United States filed. VIDED. (Distributed)
Mar 2, 2011
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Mar 2, 2011
Brief amicus curiae of Rep. Henry A. Waxman filed. VIDED. (Distributed)
Mar 2, 2011
Brief amici curiae of Administrative Law and Civil Procedure Scholars filed. VIDED. (Distributed)
Mar 2, 2011
Brief amici curiae of Marc T. Law, et al. filed. VIDED. (Distributed)
Mar 2, 2011
Brief amici curiae of American Medical Association, et al. filed. VIDED. (Distributed)
Mar 2, 2011
Brief amicus curiae of National Coalition Against Censorship filed. VIDED. (Distributed)
Mar 2, 2011
Brief amicus curiae of Dr. Christy Graves filed. VIDED. (Distributed)
Mar 2, 2011
Brief amici curiae of Torts Professors Mary J. Davis, et al. filed. VIDED. (Distributed)
Mar 2, 2011
Brief amici curiae of National Conference of State Legislators filed. VIDED. (Distributed)
Mar 2, 2011
Brief amici curiae of Minnesota, et al. filed. VIDED. (Distributed)
Mar 2, 2011
Brief amicus curiae of American Association for Justice filed. VIDED. (Distributed)
Mar 2, 2011
Brief amici curiae of Jerome P. Kassirer,M.D., and Paul D. Stolley M.D.,M.P.H filed. VIDED. (Distributed)
Mar 2, 2011
Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)
Mar 11, 2011
Letter from counsel for PLIVA received. (Distributed). VIDED.
Mar 18, 2011
Motion of the Acting Solicitor General for leave to participate in oral argument as amici curiae and for divided argument GRANTED.
Mar 23, 2011
Reply of petitioners PLIVA, Inc., et al. filed. VIDED. (Distributed)
Mar 23, 2011
Reply of petitioners Actavis Elizabeth LLC filed. VIDED. (Distributed)
Mar 30, 2011
Argued. For petitioners: Jay P. Lefkowitz, New York, N. Y. For respondents: Louis M. Bograd, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 23, 2011
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, except as to Part III-B-2. Roberts, C. J., and Scalia and Alito, JJ., joined that opinion in full, and Kennedy, J., joined as to all but Part III-B-2. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined.
Jul 18, 2011
Petition for Rehearing filed. VIDED.
Jul 21, 2011
DISTRIBUTED.
Aug 15, 2011
Rehearing DENIED.
Aug 15, 2011
JUDGMENT ISSUED.

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