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Johnson & Johnson v. California

Petition for certiorari denied on February 21, 2023

Docket No. Op. Below Argument Opinion Vote Author Term
22-447 Cal. Ct. App. N/A N/A N/A N/A OT 2022

Issue: (1) Whether a robust fair notice standard applies to California"s Unfair Competition Law and False Advertising Law given the severe civil penalties at stake, the risk of chilling protected speech, and the criminal penalties involved; and (2) whether Ethicon had fair notice that it faced hundreds of millions of dollars in civil penalties under these statutes for materials sent to California, but not proven to have reached consumers.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
09/19/2022Application (22A256) to extend the time to file a petition for a writ of certiorari from October 11, 2022 to November 10, 2022, submitted to Justice Kagan.
09/22/2022Application (22A256) granted by Justice Kagan extending the time to file until November 10, 2022.
11/10/2022Petition for a writ of certiorari filed. (Response due December 15, 2022)
11/23/2022Motion to extend the time to file a response from December 15, 2022 to January 16, 2023, submitted to The Clerk.
11/28/2022Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2023. See Rule 30.1.
12/15/2022Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
12/15/2022Brief amicus curiae of Advanced Medical Technology Association filed.
12/15/2022Brief amicus curiae of Washington Legal Foundation filed.
12/15/2022Brief amici curiae of National Association of Manufacturers, et al. filed.
01/17/2023Brief of respondent California in opposition filed.
01/30/2023Reply of petitioners Johnson & Johnson, et al. filed. (Distributed)
02/01/2023DISTRIBUTED for Conference of 2/17/2023.
02/21/2023Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.