Teva Pharmaceuticals USA, Inc. v. Superior Court of California, Orange County
Petition for certiorari denied on January 20, 2015
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-956 | Cal. Ct. App. | N/A | N/A | N/A | N/A | OT 2014 |
Issue: Whether the California Court of Appeal erred when it deepened an acknowledged circuit split and held"contrary to this Court's decisions in Buckman Co. v. Plaintiffs" Legal Committee and PLIVA, Inc. v. Mensing; the decisions of the Fifth and Eleventh Circuits in Morris v. PLIVA, Inc. and Guarino v. Wyeth, LLC; and the plain language of the federal Food, Drug, and Cosmetic Act ("FDCA")"that federal law does not preempt state tort claims predicated on allegations that a generic drug manufacturer violated the FDCA by failing to immediately implement or otherwise disseminate notice of labeling changes that the United States Food and Drug Administration had approved for use on a generic drug product's brand-name equivalent. CVSG: 12/16/2014.
SCOTUSblog Coverage
- Petition of the day (Maureen Johnston, June 28, 2014)
| Date | Proceedings and Orders |
|---|---|
| 12/03/2013 | Application (13A563) to extend the time to file a petition for a writ of certiorari from December 24, 2013 to February 7, 2014, submitted to Justice Kennedy. |
| 12/05/2013 | Application (13A563) granted by Justice Kennedy extending the time to file until February 7, 2014. |
| 02/07/2014 | Petition for a writ of certiorari filed. (Response due March 13, 2014) |
| 03/13/2014 | Waiver of right of respondent Olga Pikerie, Real Party in Interest to respond filed. |
| 04/02/2014 | DISTRIBUTED for Conference of April 18, 2014. |
| 04/03/2014 | Response Requested . (Due May 5, 2014) |
| 04/23/2014 | Order extending time to file response to petition to and including June 4, 2014. |
| 06/04/2014 | Brief of respondent Olga Pikerie, Real Party in Interest in opposition filed. |
| 06/10/2014 | Reply of petitioners Teva Pharmaceuticals USA, Inc., et al. filed. |
| 06/10/2014 | DISTRIBUTED for Conference of June 26, 2014. |
| 06/30/2014 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 12/16/2014 | Brief amicus curiae of United States filed. |
| 12/30/2014 | DISTRIBUTED for Conference of January 16, 2015. |
| 12/30/2014 | Supplemental brief of petitioners Teva Pharmaceuticals USA, Inc., et al. filed. (Distributed) |
| 01/20/2015 | Petition DENIED. |