Supreme Court of the United States · Official docket →
Logic Technology Development LLC v. Food and Drug Administration
Paid petition · United States Court of Appeals for the Third Circuit, No. 22-3030 · judgment October 19, 2023
Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Third Circuit decision below, and a business petitioner.
Questions presented
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Whether the Food and Drug Administration’s (“FDA”) creation of a new, heightened standard for evaluating already-pending premarket tobacco product applications (“PMTAs”) for certain electronic nicotine delivery systems (“ENDS”) products was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706(2)(A).
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Whether FDA’s subsequent, retroactive extension of this heightened evidentiary standard to pending PMTAs for menthol-flavored ENDS was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” Id.
Counsel of record
For petitioner
Misha Tseytlin
Troutman Pepper Hamilton Sanders LLP
For respondent
D. John Sauer
Solicitor General
Proceedings
- Apr 21 2025Petition DENIED.
- Apr 14 2025DISTRIBUTED for Conference of 4/17/2025.
- Apr 11 2025Supplemental brief of petitioner Logic Technology Development LLC filed. (Distributed)
- Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
- Jun 25 2024Supplemental brief of petitioner Logic Technology Development LLC filed.
- Jun 24 2024Letter of respondent Food and Drug Administration filed.
- Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
- May 30 2024Reply of petitioner Logic Technology Development LLC filed.
- May 17 2024Brief of respondent U.S. Food and Drug Administration filed.
- Apr 15 2024Petition for a writ of certiorari filed. (Response due May 17, 2024)
- Feb 26 2024Application (23A779) granted by Justice Alito extending the time to file until April 15, 2024.
- Feb 22 2024Application (23A779) to extend the time to file a petition for a writ of certiorari from March 14, 2024 to April 15, 2024, submitted to Justice Alito.