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Bristol-Myers Squibb Company, et al. v. New Mexico, ex rel. Hector Balderas, Attorney General

Paid petition · Court of Appeals of New Mexico, No. A-1-CA-36906 · judgment October 24, 2018

Certiorari denied · January 11, 2021
Pre-decision estimate: 9% cert probability (95% interval 5%–14%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Whether the federal government or a state government, as the real party in interest in a qui tam action brought in its name and litigated to judgment with its full knowledge, is bound by a final judgment on the merits when that government has declined to intervene.

  2. Whether a state court may establish a novel “public policy” exception to the res judicata effect of a concededly final federal judgment when that exception runs to the exclusive benefit of a single party: the government. (I)

Counsel of record

For petitioner
John Patrick Elwood
Arnold & Porter Kaye Scholer LLP

For respondent
Catherine Hancock Dorsey
Baron & Budd

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 09 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 08 2020
    Reply of petitioners Bristol-Myers Squibb Co., et al. filed. (Distributed)
  4. Nov 12 2020
    Motion to delay distribution of the petition for a writ certiorari until December 9, 2020 granted.
  5. Nov 11 2020
    Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from November 24, 2020 to December 9, 2020, submitted to The Clerk.
  6. Nov 05 2020
    Brief of respondent State of New Mexico ex rel. Hector Balderas, Attorney General in opposition filed.
  7. Sep 18 2020
    Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2020.
  8. Sep 17 2020
    Motion to extend the time to file a response from October 8, 2020 to November 5, 2020, submitted to The Clerk.
  9. Sep 03 2020
    Petition for a writ of certiorari filed. (Response due October 8, 2020)