Supreme Court of the United States · Official docket →
David Jay Dearinger, Sr., et ux. v. Eli Lilly and Company
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-682 · judgment March 20, 2026
Pending
Question presented
(I) Does the Learned Intermediary Doctrine, Which the Supreme Court Has Not Yet Examined, Violate Due Process? (II) Should the Supreme Court Reexamine Its Decision in Mallard u United States Dist. Court for Southern Dist. ofIowa, 490 U;S. 296 (1989) Because of the Lower Courts’ Misapplication of 28 U.S.C. § 1915(e)(1)?
Counsel of record
For petitioner
David Jay Dearinger Sr.
For respondent
John Caviness O'Quinn
Kirkland & Ellis LLP
Case
Subject area
Private Action (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Linked docket
25A1371
Proceedings
- Oct 08 2026DISTRIBUTED for Conference of 11/6/2026.
- Oct 02 2026Waiver of right of respondent Eli Lilly & Co. to respond filed.
- Aug 13 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2026)
- Jun 09 2026Application (25A1371) granted by Justice Kagan extending the time to file until August 17, 2026.
- Jun 04 2026Application (25A1371) to extend the time to file a petition for a writ of certiorari from June 18, 2026 to August 17, 2026, submitted to Justice Kagan.