Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-1220 | 2d Cir. | Apr 24, 2018 | Jun 14, 2018 | 9-0 | Ginsburg | OT 2017 |
Holding: A federal court determining foreign law under Federal Rule of Civil Procedure 44.1 should accord respectful consideration to a foreign government’s submission, but the court is not bound to accord conclusive effect to the foreign government’s statements.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Ginsburg on June 14, 2018.
SCOTUSblog Coverage
- A “view” from the courtroom: “Only a few more days” (Mark Walsh, June 14, 2018)
- Opinion analysis: "Respectful consideration," but not deference, required on foreign-law questions (Amy Howe, June 14, 2018)
- Argument analysis: Justices seem ready to reject binding-deference rule for foreign law (Amy Howe, April 25, 2018)
- Argument preview: Justices to consider deference to foreign government’s legal interpretations (Amy Howe, April 17, 2018)
- Court bulks up this term’s docket (UPDATED) (Amy Howe, January 12, 2018)
- Today's orders (part 2) (Amy Howe, June 26, 2017)
| Date | Proceedings and Orders |
|---|---|
| Jan 03 2017 | Application (16A650) to extend the time to file a petition for a writ of certiorari from February 2, 2017 to April 3, 2017, submitted to Justice Ginsburg. |
| Jan 03 2017 | Application (16A650) granted by Justice Ginsburg extending the time to file until April 3, 2017. |
| Apr 03 2017 | Petition for a writ of certiorari filed. (Response due May 12, 2017) |
| Apr 25 2017 | Order extending time to file response to petition to and including June 5, 2017. |
| Apr 27 2017 | Brief amici curiae of Professors Williams S. Dodge and Paul B. Stephan filed. |
| May 16 2017 | Letter of May 11, 2017, from counsel for petitioners received waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5. |
| Jun 05 2017 | Brief of respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. in opposition filed. (Distributed) |
| Jun 06 2017 | DISTRIBUTED for Conference of June 22, 2017. |
| Jun 13 2017 | Reply of petitioners Animal Science Products, Inc., et al. filed. (Distributed) |
| Jun 26 2017 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Nov 14 2017 | Brief amicus curiae of United States filed. |
| Nov 27 2017 | Supplemental brief of respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. filed. (Distributed) |
| Nov 28 2017 | Supplemental brief of petitioners Animal Science Products, et al. filed. (Distributed) |
| Nov 29 2017 | DISTRIBUTED for Conference of 1/5/2018. |
| Jan 08 2018 | DISTRIBUTED for Conference of 1/12/2018. |
| Jan 12 2018 | Petition GRANTED limited to Question 2 presented by the petition. |
| Feb 15 2018 | Blanket Consent filed by respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. |
| Feb 23 2018 | SET FOR ARGUMENT on Tuesday, April 24, 2018. |
| Feb 26 2018 | Joint appendix filed (Statement of cost filed). (Distributed) |
| Feb 26 2018 | Brief of petitioners Animal Science Products, et al. filed. |
| Mar 01 2018 | Brief amici curiae of Professors Of Conflict Of Laws And Civil Procedure As Amici Curiae In Support Of Petitioners filed. (Distributed) |
| Mar 02 2018 | Brief amicus curiae of Professors of International Litigation in Support of Neither Party filed. (Distributed) |
| Mar 05 2018 | Brief amici curiae of Donald Clarke and Nicholas Calcina Howson filed. (Distributed) |
| Mar 05 2018 | Brief amicus curiae of American Antitrust Institute filed. (Distributed) |
| Mar 05 2018 | Brief amici curiae of Professors Samuel Estreicher and Thomas Lee filed in Support of Neither Party. (Distributed) |
| Mar 05 2018 | Brief amicus curiae of United States filed. |
| Mar 05 2018 | Brief amicus curiae of Chamber of Commerce of The United States of America filed. (Distributed) |
| Mar 07 2018 | CIRCULATED |
| Mar 19 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Mar 22 2018 | Joint motion of respondents and amicus curiae Ministry of Commerce of the People's Republic of China for leave to allow Ministry of Commerce of the People's Republic of China to participate in oral argument as amicus curiae and for divided argument filed. |
| Mar 28 2018 | Brief of respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. filed. (Distributed) |
| Apr 04 2018 | Brief amici curiae of Chinese Professors of Administrative Law filed. (Distributed) |
| Apr 04 2018 | Brief amicus curiae of China Chamber of International Commerce filed. (Distributed) |
| Apr 04 2018 | Brief amicus curiae of Ministry of Commerce of the People's Republic of China filed. (Distributed) |
| Apr 13 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Apr 13 2018 | Joint motion of respondents and amicus curiae Ministry of Commerce of the People's Republic of China for leave to allow Ministry of Commerce of the People's Republic of China to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Apr 17 2018 | Reply of petitioners Animal Science Products, et al. filed. (Distributed) |
| Apr 24 2018 | Argued. For petitioners: Michael J. Gottlieb, Washington, D. C.; and Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Carter G. Phillips, Washington, D. C. (for Ministry of Commerce of the People's Republic of China, as amicus curiae); and Jonathan Jacobson, New York, N. Y. (for respondents). |
| Jun 14 2018 | Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court. |
| Jul 16 2018 | JUDGMENT ISSUED. |
