Supreme Court of the United States · Official docket →
Amber Brooks, et al. v. Mentor Worldwide LLC
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 19-3240 · judgment January 26, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The question presented is whether preemption under the Medical Device Amendments to the Food, Drug, and Cosmetic Act supports Rule 12(b)(6) dismissal of state common law claims alleging failure to warn by virtue of inaccurate public reporting of adverse events, and claims alleging defective manufacture of medical devices.
Counsel of record
For petitioner
Anthony Anderson Benton Dogali
Dogali Law Group, P.A.
For respondent
Dustin Bradley Rawlin
Tucker Ellis LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 08 2021Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
- Oct 20 2021DISTRIBUTED for Conference of 11/5/2021.
- Sep 30 2021Brief of respondent Mentor Worldwide LLC in opposition filed.
- Aug 25 2021Motion to extend the time to file a response is granted and the time is further extended to and including October 1, 2021.
- Aug 22 2021Motion to extend the time to file a response from September 1, 2021 to October 1, 2021, submitted to The Clerk.
- Jul 21 2021Motion to extend the time to file a response is granted and the time is extended to and including September 1, 2021.
- Jul 20 2021Motion to extend the time to file a response from August 2, 2021 to September 1, 2021, submitted to The Clerk.
- Jun 25 2021Petition for a writ of certiorari filed. (Response due August 2, 2021)