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Bristol-Myers Squibb Co., et al. v. Clare E. Connors, Attorney General of Hawaii

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-15515 · judgment October 29, 2020

Certiorari denied · June 21, 2021
Pre-decision estimate: 13% cert probability (95% interval 9%–20%)

Before the decision, about 3.2× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a state or local-government respondent and a petition filed soon after the judgment below.

Question presented

Whether, under Sprint Communications, Inc. v. Jacobs, 571 U.S. 69 (2013), a federal court must consider the specific characteristics of an underlying state-court civil proceeding to determine whether it is sufficiently “akin to a criminal prosecution” to warrant abstention under Younger v. Harris, 401 U.S. 37 (1971), as eight courts of appeals have held, or whether abstention is warranted whenever “the state proceeding falls within the general class” of state enforcement actions, App.7a, as the Ninth Circuit held in this case. (I)

Counsel of record

For petitioner
John Patrick Elwood
Arnold & Porter Kaye Scholer LLP

For respondent
Clare Elizabeth Connors
Department of the Attorney General, State of Hawai

Case

Conference history
Distributed for 1 conference

Amicus briefs
4 cert-stage

Proceedings

  1. Jun 21 2021
    Petition DENIED.
  2. Jun 01 2021
    DISTRIBUTED for Conference of 6/17/2021.
  3. May 28 2021
    Reply of petitioners Bristol-Myers Squibb Co., et al. filed. (Distributed)
  4. May 13 2021
    Brief of respondent Clare E. Connors, in her official capacity as the Attorney General of the State of Hawaii in opposition filed.
  5. Mar 24 2021
    Brief amici curiae of The CATO Institute and The Rutherford Institute filed.
  6. Mar 24 2021
    Brief amici curiae of The Pharmaceutical Research and Manufacturers of America filed.
  7. Mar 24 2021
    Brief amicus curiae of The American Tort Reform Association filed.
  8. Mar 22 2021
    Brief amicus curiae of Washington Legal Foundation filed.
  9. Mar 08 2021
    Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2021.
  10. Mar 05 2021
    Motion to extend the time to file a response from March 24, 2021 to May 13, 2021, submitted to The Clerk.
  11. Feb 17 2021
    Petition for a writ of certiorari filed. (Response due March 24, 2021)