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Decided

Matrixx Initiatives, Inc. v. Siracusano

Docket No.09-1156
Op. Below9th Circuit
ArgumentJan 10, 2011

Holding

The plaintiffs have stated a claim for securities fraud under " 10(b) of the Securities and Exchange Act and SEC Rule 10b-5 based on a pharmaceutical company's failure to disclose reports of adverse events associated with a product, even if the reports do not disclose a statistically significant number of adverse events.

Plain English Holding

A drug company’s failure to make public reports of adverse drug reactions can constitute securities fraud, even if the number of adverse reactions is not statistically significant.

Judgment

Affirmed., 9-0, in an opinion by Sonia Sotomayor on Mar 22, 2011.

Merits Briefs

Amicus Briefs

Certiorari-Stage Documents

  • Opinion below (9th Circuit)
  • Petition for certiorari (unavailable)
  • Brief in opposition (unavailable)
  • Petitioners’ reply (unavailable)

Proceedings & orders timeline

Mar 23, 2010
Petition for a writ of certiorari filed. (Response due April 23, 2010)
Mar 31, 2010
Waiver of right of respondents James Siracusano, et al. to respond filed.
Apr 7, 2010
DISTRIBUTED for Conference of April 23, 2010.
Apr 14, 2010
Response Requested . (Due May 14, 2010)
May 13, 2010
Brief of respondents James Siracusano, and NECA-IBEW Pension Fund in opposition filed.
May 25, 2010
DISTRIBUTED for Conference of June 10, 2010.
May 25, 2010
Reply of petitioners Matrixx Initiatives, Inc., et al. filed. (Distributed)
Jun 14, 2010
Petition GRANTED.
Jul 2, 2010
The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including August 13, 2010.
Jul 19, 2010
The time within which to file the joint appendix and petitioners' brief on the merits is further extended to and including August 20, 2010.
Jul 28, 2010
Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondents.
Jul 30, 2010
Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 20, 2010
Brief of petitioners Matrixx Initiatives, Inc., et al. filed.
Aug 20, 2010
Joint appendix filed. (Statement of costs filed)
Aug 27, 2010
Brief amici curiae of Consumer Healthcare Products Association and the Council for Responsible Nutrition filed.
Aug 27, 2010
Brief amicus curiae of Natural Products Association filed.
Aug 27, 2010
Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Aug 27, 2010
Brief amicus curiae of BayBio filed.
Aug 27, 2010
Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Aug 27, 2010
Brief amicus curiae of Advanced Medical Technology Association filed.
Aug 27, 2010
Brief amici curiae of Pharmaceutical Research and Manufacturers of America, et al. filed.
Aug 27, 2010
Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
Aug 27, 2010
Brief amicus curiae of Washington Legal Foundation filed.
Sep 9, 2010
The time within which to file the respondent's brief on the merits is extended to and including November 5, 2010.
Nov 5, 2010
Brief of respondents James Siracusano, et al. filed. (Distributed)
Nov 8, 2010
SET FOR ARGUMENT ON Monday, January 10, 2011.
Nov 12, 2010
CIRCULATED.
Nov 12, 2010
Brief amicus curiae of the United States filed. (Distributed)
Nov 12, 2010
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 12, 2010
Brief amici curiae of Economists Robert E. Litan and Joseph R. Mason filed. (Distributed)
Nov 12, 2010
Brief amici curiae of Medical Researchers Dr. Tonia M. Young-Fadok, et al. filed. (Distributed)
Nov 12, 2010
Brief amicus curiae of Professors at Law and Business Schools filed. (Distributed)
Nov 12, 2010
Brief amici curiae of AARP and North American Securities Administrators Association, Inc., et al. filed. (Distributed)
Nov 12, 2010
Brief amici curiae of Statistics Experts Professors Deidre N. McCloskey and Stephen T. Ziliak filed.
Nov 29, 2010
Application (10A545) to extend the time to file a reply brief on the merits submitted to Justice Kennedy.
Dec 2, 2010
Application (10A545) granted by Justice Kennedy extending the time to file the reply brief on the merits until December 13, 2010.
Dec 2, 2010
Record received from U.S.C.A. for 9th Circuit. (1 envelope)
Dec 6, 2010
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 13, 2010
Reply of petitioners Matrixx Initiatives, Inc., et al. filed. (Distributed)
Dec 15, 2010
Record received from U.S.D.C. for the District of Arizona (Phoenix). (1 box)
Jan 10, 2011
Argued. For petitioners: Jonathan Hacker, Washington, D. C. For respondents: David C. Frederick, Washington, D. C.; and Pratik A. Shah, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Mar 22, 2011
Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion for a unanimous Court.
Apr 25, 2011
JUDGMENT ISSUED.
Jun 10, 2011
Record returned to U.S.D.C. for the Distirct Arizona. (Phoenix)

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