No. 18-449

Pharmavite LLC v. Noah Bradach

Lower Court: Ninth Circuit
Docketed: 2018-10-10
Status: Denied
Type: Paid
Response Waived
Tags: class-action class-certification class-members federal-preemption federal-statute individual-inquiry preemption state-law-claims supremacy-clause
Key Terms:
ClassAction
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Is it a violation of the Supremacy Clause for a federal court to certify a class that includes class members asserting state law claims that are expressly preempted by federal statute, where the question of preemption cannot be determined for the class as a whole?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Is it a violation of the Supremacy Clause, U.S. Const. art. VI, cl. 2, for a federal court to certify a class that includes class members asserting state law claims that are expressly preempted by federal statute, where the question of preemption cannot be determined for the class as a whole? 2. Is it a violation of the Supremacy Clause, U.S. Const. art. VI, cl. 2, for a federal court to certify a class that includes class members asserting state law false labeling claims that are expressly preempted by federal statute, if the federal court does not require individual inquiry into the interpretation of or reliance on the challenged label to determine whether each member’s claim is preempted? 3. To avoid violating the Supremacy Clause, U.S. Const. art. VI, cl. 2, is it necessary to require inquiry into individual class members’ interpretation of or reliance on a label statement alleged to be false under state law to determine whether each class member’s claims are expressly preempted by federal statute, even if the causation/reliance element of the state claims may be determined on a class-wide basis, without individual inquiry into each class member’s reliance on the challenged label?

Docket Entries

2018-11-13
Petition DENIED.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-12
Waiver of right of respondents Noah Bradach, et al. to respond filed.
2018-10-05
Petition for a writ of certiorari filed. (Response due November 9, 2018)

Attorneys

Noah Bradach, et al.
Stewart M. WeltmanSiprut PS, Respondent
Stewart M. WeltmanSiprut PS, Respondent
Pharmavite LLC
Daniel Joseph ConnollyFaegre Baker Daniels LLP, Petitioner
Daniel Joseph ConnollyFaegre Baker Daniels LLP, Petitioner