Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

McNeil-PPC, Inc. v. Hutto

Petition for certiorari denied on October 9, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
12-122 La. Ct. App. N/A N/A N/A N/A OT 2012

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.

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