Ortho-McNeil-Janssen Pharmaceuticals Inc. v. South Carolina
Petition for certiorari denied on January 11, 2016
Issue: (1) Whether a state violates the First Amendment by penalizing a defendant for the content of its speech without requiring proof that the speech contains a knowing or reckless falsehood; (2) whether the Federal Food, Drug, and Cosmetic Act preempts a state enforcement action that serves no compensatory purpose and instead simply seeks to penalize a pharmaceutical company for actions that are comprehensively regulated and overseen by the Food and Drug Administration; and (3) whether the imposition of a $124 million civil penalty, without any showing of actual deception, reliance, or injury, violates the Excessive Fines Clause.
| Date | Proceedings and Orders |
|---|---|
| 09/16/2015 | Application (15A303) to extend the time to file a petition for a writ of certiorari from October 6, 2015 to November 5, 2015, submitted to The Chief Justice. |
| 09/17/2015 | Application (15A303) granted by The Chief Justice extending the time to file until November 5, 2015. |
| 11/05/2015 | Petition for a writ of certiorari filed. (Response due December 9, 2015) |
| 11/25/2015 | Brief of respondent South Carolina, ex rel. Alan Wilson, Attorney General in opposition filed. |
| 12/09/2015 | DISTRIBUTED for Conference of January 8, 2016. |
| 12/09/2015 | Reply of petitioners Ortho-McNeil-Janssen Pharmaceuticals, Inc., fka Janssen Pharmaceutical, Inc., and/or Janssen, L.P., et al. filed. (Distributed). |
| 12/09/2015 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed). |
| 12/09/2015 | Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
| 12/09/2015 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed) |
| 12/09/2015 | Brief amicus curiae of Cato Institute filed. (Distributed). |
| 01/11/2016 | Petition DENIED. Justice Alito took no part in the consideration or decision of this petition. |