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Express Scripts, Inc., et al. v. California

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-1972 · judgment June 2, 2025


Certiorari denied · January 12, 2026
Pre-decision estimate: 2% cert probability

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

Question presented

LISA M. GEARY COURTNEY DAUKAS QUINN EMANUEL URQUHART & SULLIVAN, LLP 295 Fifth Ave. New York, NY 10016 (212) 849-7000 Counsel for Petitioners

Counsel of record

For petitioner
Brian David Boone
Alston & Bird LLP

For respondent
Louis M. Bograd
Motley Rice, LLC

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 23 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Dec 23 2025
    Reply of petitioners Express Scripts, Inc., et al. filed. (Distributed)
  4. Dec 09 2025
    Brief of respondent California in opposition filed.
  5. Nov 18 2025
    Motion to extend the time to file a response is granted in part and the time is extended to and including December 9, 2025.
  6. Nov 17 2025
    Reply of California submitted.
  7. Nov 14 2025
    Motion to extend the time to file a response from December 1, 2025 to January 15, 2026, submitted to The Clerk.
  8. Nov 14 2025
    Response of Express Scripts, Inc., et al. to motion submitted.
  9. Oct 30 2025
    Response Requested. (Due December 1, 2025)
  10. Oct 22 2025
    DISTRIBUTED for Conference of 11/7/2025.
  11. Oct 20 2025
    Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
  12. Oct 16 2025
    Waiver of right of respondent California to respond filed.
  13. Sep 26 2025
    Response to motion to expedite from respondent California filed.
  14. Sep 18 2025
    Motion to expedite consideration of the petition for writ of certiorari filed by petitioners.
  15. Sep 16 2025
    Petition for a writ of certiorari filed. (Response due October 20, 2025)