Supreme Court Report

Supreme Court of the United States · Official docket →

Salix Pharmaceuticals, Ltd., et al. v. Norwich Pharmaceuticals Inc.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-2153, 2023-1952 · judgment April 11, 2024


Certiorari denied · December 16, 2024
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

This petition concerns core appellate procedure. In reviewing bench trials, the courts of appeals must “discuss” and “analyze” the district court’s findings, not make factual findings on their own. Icicle Seafoods, Inc. v. Worthington, 475 U.S. 709, 714 (1986). The Federal Circuit disregards this limitation. In the decision below, the panel majority affirmed a judgment based on evidence never credited by the district court. Crediting this evidence required the panel majority to decide a critical factual dispute left unresolved in the district court’s findings. The panel majority’s willingness to find facts in the first instance led to a second error: the district court relied heavily on an impermissible piece of evidence. The decision below holds that this error was harmless because, according to the panel majority’s findings, other evidence “established” the disputed fact. The questions presented are:

  1. When a district court’s findings of fact are unsupported by the evidence the district court relied on, may a court of appeals affirm based on other evidence in the record, particularly when the relevance of that evidence depends on unresolved factual disputes.

  2. When a district court’s findings of fact rely on impermissible evidence, what standard applies to determine whether the error is harmless.

Counsel of record

For petitioner
William Robert Peterson
Morgan, Lewis & Bockius LLP

For respondent
Thomas Knut Hedemann
Axinn, Veltrop & Harkrider, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 16 2024
    Petition DENIED.
  2. Nov 26 2024
    DISTRIBUTED for Conference of 12/13/2024.
  3. Nov 26 2024
    Reply of petitioners Salix Pharmaceuticals, Ltd., et al. filed. (Distributed)
  4. Nov 12 2024
    Brief of respondent Norwich Pharmaceuticals Inc. in opposition filed.
  5. Oct 11 2024
    Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2024.
  6. Oct 09 2024
    Motion to extend the time to file a response from October 15, 2024 to November 14, 2024, submitted to The Clerk.
  7. Sep 11 2024
    Petition for a writ of certiorari filed. (Response due October 15, 2024)