No. 20-293

Bristol-Myers Squibb Company, et al. v. New Mexico, ex rel. Hector Balderas, Attorney General

Lower Court: New Mexico
Docketed: 2020-09-08
Status: Denied
Type: Paid
Experienced Counsel
Tags: civil-procedure federal-judgment federalism government-intervention public-policy qui-tam res-judicata standing state-court
Key Terms:
Jurisdiction
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether a state government is bound by a final federal judgment in a qui tam action when it declines to intervene

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the federal government or a state government, as the real party in interest in a qui tam action brought in its name and litigated to judgment with its full knowledge, is bound by a final judgment on the merits when that government has declined to intervene. 2. Whether a state court may establish a novel “public policy” exception to the res judicata effect of a concededly final federal judgment when that exception runs to the exclusive benefit of a single party: the government. (1)

Docket Entries

2021-01-11
Petition DENIED.
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-12-08
Reply of petitioners Bristol-Myers Squibb Co., et al. filed. (Distributed)
2020-11-12
Motion to delay distribution of the petition for a writ certiorari until December 9, 2020 granted.
2020-11-11
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from November 24, 2020 to December 9, 2020, submitted to The Clerk.
2020-11-05
Brief of respondent State of New Mexico ex rel. Hector Balderas, Attorney General in opposition filed.
2020-09-18
Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2020.
2020-09-17
Motion to extend the time to file a response from October 8, 2020 to November 5, 2020, submitted to The Clerk.
2020-09-03
Petition for a writ of certiorari filed. (Response due October 8, 2020)

Attorneys

Bristol-Myers Squibb Co., et al.
John Patrick ElwoodArnold & Porter Kaye Scholer LLP, Petitioner
John Patrick ElwoodArnold & Porter Kaye Scholer LLP, Petitioner
State of New Mexico ex rel. Hector Balderas, Attorney General
Catherine Hancock DorseyBaron & Budd, Respondent
Catherine Hancock DorseyBaron & Budd, Respondent