Supreme Court Report

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Mirena MDL, et al. v. Bayer Healthcare Pharmaceuticals, Inc., et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 16-2890-cv, 16-3012-cv · judgment October 24, 2017


Certiorari denied · March 19, 2018
Pre-decision estimate: 7% cert probability (95% interval 4%–12%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and a petition filed soon after the judgment below, and down for a business respondent.

Question presented

Whether party admissions under Federal Rule of Evidence 801 are equal to all other admissible evidence under such rules and may be utilized equally, with the same evidentiary weight as any other such evidence to prove general causation, particularly in opposing a motion for summary judgment, where all evidence must be viewed in a light which is most favorable to the non-moving party. Whether the district court misapplied Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and Rule 702 by substituting its judgment for that of the jury, in excluding the testimony of Plaintiffs’ experts upon grounds that went to the weight of such evidence, rather than its admissibility.

Counsel of record

For petitioner
Jay L. T. Breakstone
Parker Waichman LLP

For respondent
Lisa S. Blatt
Williams & Connolly LLP

Case

Conference history
Distributed for 1 conference

Order
Order list, March 19, 2018 · Certiorari denied

Proceedings

  1. Mar 19 2018
    Petition DENIED.
  2. Feb 28 2018
    DISTRIBUTED for Conference of 3/16/2018.
  3. Feb 26 2018
    Waiver of right of respondents BAYER HEALTHCARE PHARMACEUTICALS, INC. BAYER PHARMA AG AND BAYER OY, to respond filed.
  4. Jan 22 2018
    Petition for a writ of certiorari filed. (Response due February 26, 2018)