No. 24-977

Merck Sharp & Dohme Corporation v. Doris Albrecht, et al.

Lower Court: Third Circuit
Docketed: 2025-03-12
Status: Denied
Type: Paid
Amici (4) Experienced Counsel
Tags: administrative-law drug-preemption fda-regulation pharmaceutical-liability state-law-liability warning-label
Latest Conference: 2025-06-12
Question Presented (from Petition)

If a pharmaceutical manufacturer fully informs the FDA of all material information bearing on a drug's potential risk and seeks approval to warn of that risk on the label (as the district court and Court of Appeals both found), but the FDA formally denies the request without mandating any alternative warning, may the manufacturer nonetheless be held liable under state law for failure to warn of that risk?

Question Presented (AI Summary)

Whether a pharmaceutical manufacturer can be held liable under state law for failure to warn when the FDA formally denies a proposed warning label change

Docket Entries

2025-06-16
Petition DENIED.
2025-05-27
DISTRIBUTED for Conference of 6/12/2025.
2025-05-23
Reply of petitioner Merck Sharp & Dohme Corporation filed. (Distributed)
2025-05-23
Reply of Merck Sharp & Dohme Corporation submitted.
2025-05-12
2025-05-12
Brief of Doris Albrecht, et al. in opposition submitted.
2025-04-11
Brief amici curiae of Pharmaceutical Research, et al. filed.
2025-04-11
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
2025-04-11
Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
2025-04-11
2025-04-11
Amicus brief of Pharmaceutical Research and Manufacturers of America submitted.
2025-04-11
Amicus brief of Product Liability Advisory Council, Inc. submitted.
2025-04-11
Amicus brief of Washington Legal Foundation submitted.
2025-04-03
Motion to extend the time to file a response is granted and the time is extended to and including May 12, 2025.
2025-04-02
Motion to extend the time to file a response from April 11, 2025 to May 12, 2025, submitted to The Clerk.
2025-04-02
Motion of Doris Albrecht, et al. for an extension of time submitted.
2025-03-10
2025-01-24
Application (24A720) granted by Justice Alito extending the time to file until March 19, 2025.
2025-01-16
Application (24A720) to extend the time to file a petition for a writ of certiorari from February 17, 2025 to March 19, 2025, submitted to Justice Alito.

Attorneys

Doris Albrecht, et al.
David C. FrederickKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Respondent
Merck Sharp & Dohme Corporation
Noel John FranciscoJones Day, Petitioner
Pharmaceutical Research and Manufacturers of America
Michael Xavier ImbroscioCovington and Burling LLP, Amicus
Product Liability Advisory Council, Inc.
Terri Steinhaus ReiskinNelson Mullins Riley & Scarborough LLP, Amicus
Washington Legal Foundation
Cory L. AndrewsWashington Legal Foundation, Amicus