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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 (key to color coding)
07/26/2012Petition for a writ of certiorari filed. (Response due August 27, 2012)
08/09/2012Waiver of right of respondent Louisiana Patient's Compensation Fund to respond filed.
08/27/2012Brief amici curiae of Consumer Healthcare Products Association, et al. filed.
08/27/2012Brief of respondents Christina Hoyt Hutto, et al. in opposition filed.
08/27/2012Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
09/12/2012DISTRIBUTED for Conference of October 5, 2012.
09/12/2012Reply of petitioner McNeil-PPC, Inc. filed. (Distributed)
10/09/2012Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.

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