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Johnson & Johnson v. Reckis

Petition for certiorari denied on January 19, 2016

Docket No. Argument Opinion Vote Author Term
15-449 N/A N/A N/A N/A OT 2015

Issue: Whether the Massachusetts Supreme Judicial Court erred when it held, in direct conflict with the Seventh Circuit, that FDA's rejection of warning language proposed in a Citizen Petition is not "clear evidence" sufficient to preempt state tort claims that the manufacturer was obligated to add the FDA-rejected language to its drug's labeling.

DateProceedings and Orders (key to color coding)
08/14/2015Application (15A197) to extend the time to file a petition for a writ of certiorari from September 8, 2015 to October 8, 2015, submitted to Justice Breyer.
08/21/2015Application (15A197) granted by Justice Breyer extending the time to file until October 8, 2015.
10/08/2015Petition for a writ of certiorari filed. (Response due November 9, 2015)
10/27/2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
10/30/2015Order extending time to file response to petition to and including December 9, 2015.
11/09/2015Brief amici curiae of Biotechnology Industry Organization, et al. filed.
11/09/2015Brief amici curiae of Washington Legal Foundation, and Allied Educational Foundation filed.
11/09/2015Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
11/09/2015Brief amicus curiae of Chamber of Commerce of the United States of America filed.
12/09/2015Brief of respondents Lisa Reckis, Richard Reckis, and Samantha Reckis in opposition filed.
12/30/2015DISTRIBUTED for Conference of January 15, 2016.
12/30/2015Reply of petitioners Johnson & Johnson, and McNeil-PPC filed. (Distributed)
01/19/2016Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.