No. 24-7251

Michael Deuschel v. Bayer Healthcare Pharmaceuticals Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2025-05-20
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 12b6-dismissal civil-procedure discovery-rule due-process erie-doctrine ninth-circuit
Key Terms:
Arbitration DueProcess
Latest Conference: 2026-01-09 (distributed 2 times)
Question Presented (AI Summary)

Whether the Ninth Circuit departed from the Erie Doctrine and violated Appellant's due process rights when it ratified the district court's 12(b)(6) dismissal without leave to amend, disregarding California's required delayed discovery rule analysis

Question Presented (OCR Extract)

Whether the Ninth Circuit departed from the Erie Doctrine, and violated Appellant ’s due process rights, when it ratified the district court ’s 12(b)(6) dismissal without leave to amend, disregarding California ’s required delayed discovery rule * analysis in its ruling? i

Docket Entries

2026-01-12
Rehearing DENIED.
2025-12-10
DISTRIBUTED for Conference of 1/9/2026.
2025-10-31
Petition for Rehearing filed.
2025-10-06
Petition DENIED.
2025-06-26
DISTRIBUTED for Conference of 9/29/2025.
2025-05-29
Waiver of Bayer HealthCare Pharmaceuticals Inc., Bayer Corporation, and Bayer HealthCare LLC of right to respond submitted.
2025-05-29
Waiver of McKesson Corporation; McKesson Medical-Surgical Inc. of right to respond submitted.
2025-05-29
Waiver of right of respondents Bayer HealthCare Pharmaceuticals Inc., Bayer Corporation, and Bayer HealthCare LLC to respond filed.
2025-05-29
Waiver of right of respondents McKesson Corporation; McKesson Medical-Surgical Inc. to respond filed.
2025-03-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 20, 2025)

Attorneys

Bayer HealthCare Pharmaceuticals Inc., Bayer Corporation, and Bayer HealthCare LLC
Jennifer Laura GreenblattGoldman Ismail Tomaselli Brennan and Baum LLP, Respondent
McKesson Corporation; McKesson Medical-Surgical Inc.
Habib NasrullahWheeler Trigg O'Donnell LLP, Respondent
Michael Deuschel
Michael Deuschel — Petitioner