No. 20-1149

Bristol-Myers Squibb Co., et al. v. Clare E. Connors, Attorney General of Hawaii

Lower Court: Ninth Circuit
Docketed: 2021-02-22
Status: Denied
Type: Paid
Amici (4) Experienced Counsel
Tags: circuit-split civil-procedure civil-rights due-process federal-jurisdiction judicial-review sprint-communications standing state-enforcement younger-abstention
Key Terms:
SocialSecurity FirstAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2021-06-17
Question Presented (AI Summary)

Whether a federal court must consider the specific characteristics of an underlying state-court civil proceeding to determine whether it is sufficiently 'akin to a criminal prosecution' to warrant abstention under Younger v. Harris

Question Presented (OCR Extract)

QUESTION PRESENTED Whether, under Sprint Communications, Inc. v. Jacobs, 571 U.S. 69 (2018), a federal court must consider the specific characteristics of an underlying state-court civil proceeding to determine whether it is sufficiently “akin to a criminal prosecution” to warrant abstention under Younger v. Harris, 401 U.S. 37 (1971), as eight courts of appeals have held, or whether abstention is warranted whenever “the state proceeding falls within the general class” of state enforcement actions, App.7a, as the Ninth Circuit held in this case. (1)

Docket Entries

2021-06-21
Petition DENIED.
2021-06-01
DISTRIBUTED for Conference of 6/17/2021.
2021-05-28
Reply of petitioners Bristol-Myers Squibb Co., et al. filed. (Distributed)
2021-05-13
Brief of respondent Clare E. Connors, in her official capacity as the Attorney General of the State of Hawaii in opposition filed.
2021-03-24
Brief amici curiae of The CATO Institute and The Rutherford Institute filed.
2021-03-24
Brief amici curiae of The Pharmaceutical Research and Manufacturers of America filed.
2021-03-24
Brief amicus curiae of The American Tort Reform Association filed.
2021-03-22
Brief amicus curiae of Washington Legal Foundation filed.
2021-03-08
Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2021.
2021-03-05
Motion to extend the time to file a response from March 24, 2021 to May 13, 2021, submitted to The Clerk.
2021-02-17
Petition for a writ of certiorari filed. (Response due March 24, 2021)

Attorneys

Bristol-Myers Squibb Co., et al.
John Patrick ElwoodArnold & Porter Kaye Scholer LLP, Petitioner
Clare E. Connors, in her official capacity as the Attorney General of the State of Hawaii
Clare Elizabeth ConnorsDepartment of the Attorney General, State of Hawaii, Respondent
Kimberly Tsumoto GuidryDepartment of the Attorney General, State of HI, Respondent
The American Tort Reform Association
Vincent Gregory LevyHolwell Shuster & Goldberg, LLP, Amicus
The CATO Institute and The Rutherford Institute
Misha TseytlinTroutman Pepper Hamilton Sanders LLP, Amicus
The Pharmaceutical Research and Manufacturers of America
Douglas Harry Hallward-DriemeierRopes & Gray, LLP, Amicus
Washington Legal Foundation
John Mercer Masslon IIWashington Legal Foundation, Amicus