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Kristin DiCroce v. McNeil Nutritionals, LLC, et al.
Paid petition · United States Court of Appeals for the First Circuit, No. 22-1910 · judgment September 18, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the First, Eighth, and Ninth Circuits’ holdings that state law claims based on violating the Federal Food, Drug and Cosmetic Act are impliedly preempted has misconstrued Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), and Buckman Co. v. Plaintiffs’ Legal Comm., 531 U.S. 341 (2001), and usurped the power of states to define the elements of their own state law causes of action.
Counsel of record
For petitioner
John P. Zavez
Adkins, Kelston & Zavez, PC
For respondent
Hannah Y. S. Chanoine
O'Melveny and Myers LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 15 2024Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
- Mar 20 2024DISTRIBUTED for Conference of 4/12/2024.
- Mar 13 2024Waiver of right of respondent McNeil Nutritionals, LLC, et al. to respond filed.
- Feb 22 2024Petition for a writ of certiorari filed. (Response due March 27, 2024)