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Pharmavite LLC v. Noah Bradach

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-56598, 17-55064 · judgment May 17, 2018


Certiorari denied · November 13, 2018
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Is it a violation of the Supremacy Clause, U.S. CONST. art. VI, cl. 2, for a federal court to certify a class that includes class members asserting state law claims that are expressly preempted by federal statute, where the question of preemption cannot be determined for the class as a whole?

  2. Is it a violation of the Supremacy Clause, U.S. CONST. art. VI, cl. 2, for a federal court to certify a class that includes class members asserting state law false labeling claims that are expressly preempted by federal statute, if the federal court does not require individual inquiry into the interpretation of or reliance on the challenged label to determine whether each member’s claim is preempted?

  3. To avoid violating the Supremacy Clause, U.S. CONST. art. VI, cl. 2, is it necessary to require inquiry into individual class members’ interpretation of or reliance on a label statement alleged to be false under state law to determine whether each class member’s claims are expressly preempted by federal statute, even if the causation/reliance element of the state claims may be determined on a class-wide basis, without individual inquiry into each class member’s reliance on the challenged label?

Counsel of record

For petitioner
Daniel Joseph Connolly
Faegre Baker Daniels LLP

For respondent
Stewart M. Weltman
Siprut PS

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 13 2018
    Petition DENIED.
  2. Oct 24 2018
    DISTRIBUTED for Conference of 11/9/2018.
  3. Oct 12 2018
    Waiver of right of respondents Noah Bradach, et al. to respond filed.
  4. Oct 05 2018
    Petition for a writ of certiorari filed. (Response due November 9, 2018)