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Animal Science Products, Inc., et al. v. Hebei Welcome Pharmaceutical Co. Ltd., et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 13-4791 · judgment September 20, 2016

Decided · June 14, 2018
At-filing estimate: 2% cert probability
The Solicitor General's brief was filed November 14, 2017

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

1.Whether the Second Circuit, in conflict with the decisions of three courts of appeals, erred in exercising jurisdiction under 28 U.S.C. § 1291 over a pre-trial order denying a motion to dismiss following a full trial on the merits.

  1. Whether a court may exercise independent review of an appearing foreign sovereign's interpretation of its domestic law (as held by the Fifth, Sixth, Seventh, Eleventh, and D.C. Circuits), or whether a court is "bound to defer" to a foreign government's legal statement, as a matter of international comity, whenever the foreign government appears before the court (as held by the opinion below in accord with the Ninth Circuit).

  2. Whether a court may abstain from exercising jurisdiction on a case-by-case basis, as a matter of discretionary international comity, over an otherwise valid Sherman Antitrust Act claim involving purely domestic injury. LIMITED TO QUESTION 2 PRESENTED BY THE PETITION.

Counsel of record

For petitioner
Michael Julian Gottlieb
WILLKIE FARR & GALLAGHER LLP

For respondent
Jonathan M. Jacobson
Wilson Sonsini Goodrich & Rosati PC

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 cert-stage · 10 merits
(7 supporting pet./neither, 3 respondent)

Linked docket
16A650

Orders
Miscellaneous order, January 12, 2018 · Certiorari granted
Miscellaneous order, April 13, 2018

Argument & decision

Argued April 24, 2018 — Michael J. Gottlieb · Carter G. Phillips. Listen and read along · the Court’s audio

Decided June 14, 2018. Opinion by Ginsburg.

Proceedings

  1. Jul 16 2018
    JUDGMENT ISSUED.
  2. Jun 14 2018
    Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court.
  3. Apr 24 2018
    Argued. For petitioners: Michael J. Gottlieb, Washington, D. C.; and Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Carter G. Phillips, Washington, D. C. (for Ministry of Commerce of the People's Republic of China, as amicus curiae); and Jonathan Jacobson, New York, N. Y. (for respondents).
  4. Apr 17 2018
    Reply of petitioners Animal Science Products, et al. filed. (Distributed)
  5. Apr 13 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  6. Apr 13 2018
    Joint motion of respondents and amicus curiae Ministry of Commerce of the People's Republic of China for leave to allow Ministry of Commerce of the People's Republic of China to participate in oral argument as amicus curiae and for divided argument GRANTED.
  7. Apr 04 2018
    Brief amicus curiae of Ministry of Commerce of the People's Republic of China filed. (Distributed)
  8. Apr 04 2018
    Brief amicus curiae of China Chamber of International Commerce filed. (Distributed)
  9. Apr 04 2018
    Brief amici curiae of Chinese Professors of Administrative Law filed. (Distributed)
  10. Mar 28 2018
    Brief of respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. filed. (Distributed)
  11. Mar 22 2018
    Joint motion of respondents and amicus curiae Ministry of Commerce of the People's Republic of China for leave to allow Ministry of Commerce of the People's Republic of China to participate in oral argument as amicus curiae and for divided argument filed.
  12. Mar 19 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  13. Mar 07 2018
    CIRCULATED
  14. Mar 05 2018
    Brief amicus curiae of United States filed.
  15. Mar 05 2018
    Brief amicus curiae of Chamber of Commerce of The United States of America filed. (Distributed)
  16. Mar 05 2018
    Brief amici curiae of Donald Clarke and Nicholas Calcina Howson filed. (Distributed)
  17. Mar 05 2018
    Brief amicus curiae of American Antitrust Institute filed. (Distributed)
  18. Mar 05 2018
    Brief amici curiae of Professors Samuel Estreicher and Thomas Lee filed in Support of Neither Party. (Distributed)
  19. Mar 02 2018
    Brief amicus curiae of Professors of International Litigation in Support of Neither Party filed. (Distributed)
  20. Mar 01 2018
    Brief amici curiae of Professors Of Conflict Of Laws And Civil Procedure As Amici Curiae In Support Of Petitioners filed. (Distributed)
  21. Feb 26 2018
    Brief of petitioners Animal Science Products, et al. filed.
  22. Feb 26 2018
    Joint appendix filed (Statement of cost filed). (Distributed)
  23. Feb 23 2018
    SET FOR ARGUMENT on Tuesday, April 24, 2018.
  24. Feb 15 2018
    Blanket Consent filed by respondents Hebei Welcome Pharmaceutical Co. Ltd., et al.
  25. Jan 12 2018
    Petition GRANTED limited to Question 2 presented by the petition.
  26. Jan 08 2018
    DISTRIBUTED for Conference of 1/12/2018.
  27. Nov 29 2017
    DISTRIBUTED for Conference of 1/5/2018.
  28. Nov 28 2017
    Supplemental brief of petitioners Animal Science Products, et al. filed. (Distributed)
  29. Nov 27 2017
    Supplemental brief of respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. filed. (Distributed)
  30. Nov 14 2017
    Brief amicus curiae of United States filed.
  31. Jun 26 2017
    The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
  32. Jun 13 2017
    Reply of petitioners Animal Science Products, Inc., et al. filed. (Distributed)
  33. Jun 06 2017
    DISTRIBUTED for Conference of June 22, 2017.
  34. Jun 05 2017
    Brief of respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. in opposition filed. (Distributed)
  35. May 16 2017
    Letter of May 11, 2017, from counsel for petitioners received waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5.
  36. Apr 27 2017
    Brief amici curiae of Professors Williams S. Dodge and Paul B. Stephan filed.
  37. Apr 25 2017
    Order extending time to file response to petition to and including June 5, 2017.
  38. Apr 03 2017
    Petition for a writ of certiorari filed. (Response due May 12, 2017)
  39. Jan 03 2017
    Application (16A650) to extend the time to file a petition for a writ of certiorari from February 2, 2017 to April 3, 2017, submitted to Justice Ginsburg.
  40. Jan 03 2017
    Application (16A650) granted by Justice Ginsburg extending the time to file until April 3, 2017.