Supreme Court Report

Supreme Court of the United States · Official docket →

RP Healthcare, Inc., et al. v. Ranbaxy Pharmaceuticals Inc., et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 14-4632 · judgment January 3, 2018


Certiorari denied · October 9, 2018
Pre-decision estimate: 4% cert probability

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

Questions presented

  1. Should this Court permit the Third Circuit’s “proper basis” exception to the “time-of-filing” rule to substantially extend this Court’s decision in Caterpillar, Inc., v. Lewis, 519 U.S. 61 (1996)?

  2. Do Caterpillar’s “considerations of finality, efficiency, and economy….” override removal defects when a judgment of dismissal is entered at an early, preliminary stage of the litigation rather than after trial?

  3. May a party assert a new jurisdictional basis for removal that was not raised until more than one year after removal?

  4. Is the legality of an agreement between a brand name drug company and a generic drug company to divide markets and stabilize prices, after the controlling patent of the brand name company expires, to be subject to this Court’s decision in F.T.C. v. Actavis, 570 U.S. ___, 2013 WL 2922122 (2013), and therefore, a rule of reason analysis, as the district court and the Third Circuit held; or rather, is such an agreement subject to this Court’s decision in Palmer v. BRG of GA, 498 U.S. 46 (1990), holding such agreements to be per se illegal?

  5. Does the admitted agreement and the admission by the Chief Executive Officer and Chairman of the Board of the Defendant state a plausible claim under the antitrust laws of the State of California?

Counsel of record

For petitioner
Joseph Michaelangelo Alioto
Alioto Law Firm

For respondent
Jay Philip Lefkowitz
Kirkland & Ellis LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Oct 09 2018
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Sep 12 2018
    DISTRIBUTED for Conference of 10/5/2018.
  3. Sep 10 2018
    Reply of petitioners RP Healthcare, Inc., et al. filed.
  4. Aug 27 2018
    Brief of respondents Ranbaxy Pharmaceuticals Inc., et al. in opposition filed.
  5. Jun 06 2018
    Motion to extend the time to file a response from June 28, 2018 to August 27, 2018, submitted to The Clerk.
  6. Jun 06 2018
    Motion to extend the time to file a response is granted and the time is extended to and including August 27, 2018.
  7. May 29 2018
    Response Requested. (Due June 28, 2018)
  8. May 22 2018
    DISTRIBUTED for Conference of 6/7/2018.
  9. May 17 2018
    Waiver of right of respondents Daiichi Sankyo, Inc.; Daiichi Sankyo Company, Limited to respond filed.
  10. May 17 2018
    Waiver of right of respondents Pfizer Inc., Pfizer Ireland Pharmaceuticals, Warner-Lambert Co., and Warner-Lambert Co. LLC to respond filed.
  11. May 15 2018
    Waiver of right of respondents Ranbaxy Pharmaceuticals Inc.; Ranbaxy Laboratories Limited; Ranbaxy, Inc. to respond filed.
  12. Apr 30 2018
    Petition for a writ of certiorari filed. (Response due June 1, 2018)