No. 20-1069

Janssen Pharmaceuticals, Inc., et al. v. A. Y., et al.

Lower Court: Pennsylvania
Docketed: 2021-02-05
Status: Denied
Type: Paid
Amici (4)
Tags: civil-liability drug-labeling fda-regulation federal-preemption impossibility-preemption off-label-use preemption state-tort-law
Latest Conference: 2021-05-13
Question Presented (from Petition)

Whether federal law preempts state-law claims that a manufacturer failed to provide adequate warnings relating to the off-label use of their products, where federal law bars the manufacturer from unilaterally altering its labeling to provide such warnings.

Question Presented (AI Summary)

Whether federal law preempts state-law claims that a manufacturer failed to provide adequate warnings relating to the off-label use of their products, where federal law bars the manufacturer from unilaterally altering its labeling to provide such warnings

Docket Entries

2021-05-17
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2021-04-21
DISTRIBUTED for Conference of 5/13/2021.
2021-04-21
Reply of petitioners Janssen Pharmaceuticals, Inc., et al. filed. (Distributed)
2021-04-07
Brief of respondents A.Y. and Billy Ann Yount in opposition filed.
2021-03-08
Brief amici curiae of Pharmaceutical Research and Manufacturers of America, Chamber of Commerce of the United States of America, and American Tort Reform Association filed.
2021-03-08
Brief amici curiae of National Association of Manufacturers and International Association of Defense Counsel filed.
2021-03-05
Brief amicus curiae of Washington Legal Foundation filed.
2021-03-04
Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
2021-02-12
Motion to extend the time to file a response is granted and the time is extended to and including April 7, 2021.
2021-02-11
Motion to extend the time to file a response from March 8, 2021 to April 7, 2021, submitted to The Clerk.
2021-01-29
Petition for a writ of certiorari filed. (Response due March 8, 2021)

Attorneys

A.Y. and Billy Ann Yount
Charles Lyman BeckerKline & Specter, P.C., Respondent
Janssen Pharmaceuticals, Inc., et al.
Jay Philip LefkowitzKirkland & Ellis LLP, Petitioner
National Association of Manufacturers and International Association of Defense Counsel
Eric G. LaskerHollingsworth LLP, Amicus
Pharmaceutical Research and Manufacturers of America, Chamber of Commerce of the United States of America, and American Tort Reform Association
Michael Xavier ImbroscioCovington and Burling LLP, Amicus
Product Liability Advisory Council, Inc.
James M. BeckReed Smith LLP, Amicus
Washington Legal Foundation
John Mercer Masslon IIWashington Legal Foundation, Amicus