No. 23-1187
Food and Drug Administration, et al. v. R.J. Reynolds Vapor Co., et al.
Amici (9)
Experienced Counsel
Tags: administrative-law circuit-court civil-procedure fda fda-authorization federal-courts judicial-review product-distribution standing statutory-interpretation tobacco-regulation
Latest Conference:
2024-09-30
Question Presented (from Petition)
Whether a manufacturer may file a petition for review in a circuit (other than the D.C. 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.
Question Presented (AI Summary)
Whether a manufacturer may file a petition for review in a circuit (other than the D.C. 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
Docket Entries
2025-07-22
Judgment Issued.
2025-06-20
Judgment is affirmed and case remanded. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., joined.
2025-06-20
Judgment is affirmed and case remanded Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., joined.
2025-01-21
Argued. For petitioners: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Ryan J. Watson, Washington, D. C.
2025-01-17
Sealed 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.
2025-01-17
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
2025-01-10
Reply of petitioners Food and Drug Administration, et al. filed. (Distributed)
2024-12-23
Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)
2024-12-23
Amicus brief of New Civil Liberties Alliance submitted.
2024-12-23
Amicus brief of Electronic Nicotine Delivery System Trade Associations and Small Businesses submitted.
2024-12-23
Amicus brief of Foreign Ends Manufacturers and Domestic Resellers of Their Products submitted.
2024-12-23
Brief amici curiae of Electronic Nicotine Delivery System Trade Associations, et al. filed. (Distributed)
2024-12-23
Brief amici curiae of Foreign Ends Manufacturers, et al. filed. (Distributed)
2024-12-20
Brief amicus curiae of American Center for Law and Justice filed. (Distributed)
2024-12-20
Amicus brief of American Center for Law and Justice submitted.
2024-12-18
Amicus brief of Atlantic Legal Foundation submitted.
2024-12-18
Brief amicus curiae of Atlantic Legal Foundation filed. (Distributed)
2024-12-18
Brief of respondents R.J. Reynolds Vapor Co., et al. filed. (Distributed)
2024-12-18
Brief of R.J. Reynolds Vapor Co., et al. submitted.
2024-12-16
Brief of R.J. Reynolds Vapor Co., et al. submitted.
2024-12-16
Brief of respondents R.J. Reynolds Vapor Co., et al. filed.
2024-12-16
Brief of respondents R.J. Reynolds Vapor Co., et al. filed. (Corrected version 12/18/24 -- Distributed)
2024-12-12
Amicus brief of Vaping Industry Stakeholders submitted.
2024-12-12
Brief amicus curiae of Vaping Industry Stakeholders filed. (Dec. 27, 2024) (Distributed)
2024-12-12
Brief amicus curiae of Vaping Industry Stakeholders filed.(Dec. 27, 2024) (Distributed)
2024-12-03
Motion to extend the time to file respondents' brief on the merits granted and the time is extended to and including December 16, 2024.
2024-12-03
CIRCULATED
2024-11-25
Brief amicus curiae of Chamber of Commerce of the United States of America supporting neither party filed.
2024-11-20
Motion for an extension of time to file respondents' brief on the merits filed.
2024-11-20
Brief amici curiae of Public Health, et al. filed.
2024-11-18
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
2024-11-13
Record requested from the United States Court of Appeals for the Fifth Circuit.
2024-11-13
Brief of Food and Drug Administration, et al. submitted.
2024-11-13
Brief of petitioners Food and Drug Administration, et al. filed.
2024-11-06
Motion to dispense with printing the joint appendix filed by petitioners Food and Drug Administration, et al.
2024-11-06
Motion of Food and Drug Administration, et al. to dispense with joint appendix submitted.
2024-10-31
SET FOR ARGUMENT on Tuesday, January 21, 2025.
2024-10-04
Petition GRANTED.
2024-07-17
Reply of petitioners Food and Drug Administration, et al. filed. (Distributed)
2024-07-17
Reply of Food and Drug Administration, et al. submitted.
2024-07-17
DISTRIBUTED for Conference of 9/30/2024.
2024-07-03
Brief of respondents R.J. Reynolds Vapor Co., et al. in opposition filed.
2024-07-03
Brief of R.J. Reynolds Vapor Co., et al. in opposition submitted.
2024-05-22
Motion to extend the time to file a response is granted and the time is extended to and including July 3, 2024.
2024-05-21
Motion to extend the time to file a response from June 3, 2024 to July 3, 2024, submitted to The Clerk.
2024-05-02
Petition for a writ of certiorari filed. (Response due June 3, 2024)
Attorneys
American Center for Law and Justice
Atlantic Legal Foundation
Lawrence S. Ebner — Atlantic Legal Foundation, Amicus
Chamber of Commerce of the United States of America
Electronic Nicotine Delivery System Trade Associations and Small Businesses
Eric Philip Gotting — Keller and Heckman LLP, Amicus
Food and Drug Administration, et al.
D. John Sauer — Solicitor General, Petitioner
Elizabeth B. Prelogar — Petitioner
Sarah M. Harris — Acting Solicitor General, Petitioner
Foreign Ends Manufacturers and Domestic Resellers of Their Products
Eric N. Heyer — Thompson Hine LLP, Amicus
New Civil Liberties Alliance
Public Health, Medical, and Community Groups
William Barnett Schultz — Zuckerman Spaeder LLP, Amicus
R.J. Reynolds Vapor Co., et al.
Noel John Francisco — Jones Day, Respondent
Ryan Jeffrey Watson — Respondent
Vaping Industry Stakeholders