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Chatom Primary Care, P.C., et al. v. Merck & Co., Inc.

Paid petition · United States Court of Appeals for the Third Circuit, No. 23-3089 · judgment October 7, 2024


Certiorari denied · October 20, 2025
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Third Circuit decision below, and down for a business respondent.

Question presented

JEFFREY L. KODROFF DIANA J. ZINSER SPECTOR ROSEMAN & KODROFF PC Two Commerce Square 2001 Market Street Suite 3420 Philadelphia, PA 19103 (215) 496-0300 Counsel for Petitioners

Counsel of record

For petitioner
Deepak Gupta
Gupta Wessler LLP

For respondent
Jessica Lynn Ellsworth
Hogan Lovells US, LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Linked docket
24A1070

Proceedings

  1. Oct 20 2025
    Petition DENIED.
  2. Oct 02 2025
    Reply of petitioners Chatom Primary Care, P.C., et al. filed. (Distributed)
  3. Oct 01 2025
    DISTRIBUTED for Conference of 10/17/2025.
  4. Sep 12 2025
    Brief of respondent Merck & Co., Inc. in opposition filed.
  5. Aug 11 2025
    Brief amicus curiae of Open Markets Institute filed.
  6. Aug 11 2025
    Brief amicus curiae of American Antitrust Institute filed.
  7. Jul 28 2025
    Motion to extend the time to file a response is granted and the time is extended to and including September 12, 2025.
  8. Jul 25 2025
    Motion to extend the time to file a response from August 13, 2025 to September 12, 2025, submitted to The Clerk.
  9. Jul 10 2025
    Petition for a writ of certiorari filed. (Response due August 13, 2025)
  10. Jun 09 2025
    Application (24A1070) granted by Justice Alito extending the time to file until July 10, 2025.
  11. May 30 2025
    Application (24A1070) to extend further the time from June 10, 2025 to July 10, 2025, submitted to Justice Alito.
  12. May 07 2025
    Application (24A1070) granted by Justice Alito extending the time to file until June 10, 2025.
  13. May 01 2025
    Application (24A1070) to extend the time to file a petition for a writ of certiorari from May 11, 2025 to July 10, 2025, submitted to Justice Alito.