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Food and Drug Administration v. R.J. Reynolds Vapor Co.

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Docket No. Op. Below Argument Opinion Vote Author Term
23-1187 5th Cir. Jan 21, 2025
 TBD TBD TBD OT 2024

Issue: Whether a manufacturer may file a petition for review in a circuit (other than the U.S. Court of Appeals for the District of Columbia Circuit) where it neither resides nor has its principal place of business, if the petition is joined by a seller of the manufacturer’s products that is located within that circuit.

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DateProceedings and Orders (key to color coding)
May 02 2024Petition for a writ of certiorari filed. (Response due June 3, 2024)
May 21 2024Motion to extend the time to file a response from June 3, 2024 to July 3, 2024, submitted to The Clerk.
May 22 2024Motion to extend the time to file a response is granted and the time is extended to and including July 3, 2024.
Jul 03 2024Brief of respondents R.J. Reynolds Vapor Co., et al. in opposition filed.
Jul 17 2024DISTRIBUTED for Conference of 9/30/2024.
Jul 17 2024Reply of petitioners Food and Drug Administration, et al. filed. (Distributed)
Oct 04 2024Petition GRANTED.
Oct 31 2024SET FOR ARGUMENT on Tuesday, January 21, 2025.
Nov 06 2024Motion to dispense with printing the joint appendix filed by petitioners Food and Drug Administration, et al.
Nov 13 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
Nov 13 2024Brief of petitioners Food and Drug Administration, et al. filed.
Nov 18 2024Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Nov 20 2024Brief amici curiae of Public Health, et al. filed.
Nov 20 2024Motion for an extension of time to file respondents' brief on the merits filed.
Nov 25 2024Brief amicus curiae of Chamber of Commerce of the United States of America supporting neither party filed.
Dec 03 2024CIRCULATED
Dec 03 2024Motion to extend the time to file respondents' brief on the merits granted and the time is extended to and including December 16, 2024.
Dec 12 2024Brief amicus curiae of Vaping Industry Stakeholders filed. (Dec. 27, 2024) (Distributed)
Dec 16 2024Brief of R.J. Reynolds Vapor Co., et al. not accepted for filing. (Corrected version to be filed)
Dec 16 2024Brief of respondents R.J. Reynolds Vapor Co., et al. filed. (Corrected version 12/18/24 -- Distributed)
Dec 18 2024Brief amicus curiae of Atlantic Legal Foundation filed. (Distributed)
Dec 20 2024Brief amicus curiae of American Center for Law and Justice filed. (Distributed)
Dec 23 2024Brief amici curiae of Electronic Nicotine Delivery System Trade Associations, et al. filed. (Distributed)
Dec 23 2024Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)
Dec 23 2024Brief amici curiae of Foreign Ends Manufacturers, et al. filed. (Distributed)
Jan 10 2025Reply of petitioners Food and Drug Administration, et al. filed. (Distributed)
Jan 17 2025Sealed material from the United States Court of Appeals for the Fifth Circuit electronically available with the Clerk. The remainder of the record is electronic and is available on PACER.
Jan 21 2025Argued. For petitioners: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Ryan J. Watson, Washington, D. C.