Editor's Note :

Editor's Note :

We expect orders from the February 17 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday, February 22.
On Tuesday the court hears oral argument in Hernández v. Mesa. Amy Howe has our preview.
On Tuesday the court also hears oral argument in McLane Co. v. EEOC. Charlotte Garden has our preview.

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.
 
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