Supreme Court of the United States · Official docket →
Tracie Leach, et al. v. Mentor Worldwide, LLC
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-56393 · judgment February 5, 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 post-approval, post sale public reporting of adverse events, and claims alleging defective manufacture of medical devices.
Counsel of record
For petitioner
Tracie Leach
For respondent
Dustin Bradley Rawlin
Nelson Mullins Riley & Scarborough LLP
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jun 21 2022Rehearing DENIED. Justice Alito took no part in the consideration or decision of this petition.
- May 31 2022DISTRIBUTED for Conference of 6/16/2022.
- May 13 2022Petition for Rehearing filed.
- Apr 18 2022Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
- Mar 23 2022DISTRIBUTED for Conference of 4/14/2022.
- Mar 16 2022Waiver of right of respondent Mentor Worldwide LLC to respond filed.
- Sep 20 2021Petition for a writ of certiorari filed. (Response due March 21, 2022)