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Brittany Billetts, et al. v. Mentor Worldwide LLC

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-56398


Certiorari denied · November 15, 2021
Pre-decision estimate: 16% cert probability (95% interval 9%–26%)

Before the decision, about 3.9× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below and a circuit split argued in the petition, and down for a business respondent.

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
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

  1. Nov 15 2021
    Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
  2. Oct 27 2021
    DISTRIBUTED for Conference of 11/12/2021.
  3. Oct 08 2021
    Brief of respondent Mentor Worldwide LLC in opposition filed.
  4. Aug 27 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including October 8, 2021.
  5. Aug 26 2021
    Motion to extend the time to file a response from September 8, 2021 to October 8, 2021, submitted to The Clerk.
  6. Jul 21 2021
    Motion to extend the time to file a response is granted and the time is extended to and including September 8, 2021.
  7. Jul 20 2021
    Motion to extend the time to file a response from August 9, 2021 to September 8, 2021, submitted to The Clerk.
  8. Jul 06 2021
    Petition for a writ of certiorari filed. (Response due August 9, 2021)