| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Aug 3 2006 |
Petition for a writ of certiorari filed. (Response due September 5, 2006) |
| Aug 22 2006 |
Order extending time to file response to petition to and including October 5, 2006. |
| Oct 5 2006 |
Brief of respondent Medtronic, Inc. in opposition filed. |
| Oct 16 2006 |
Reply of petitioners Charles R. Riegel and Donna S. Riegel filed. |
| Oct 18 2006 |
DISTRIBUTED for Conference of November 3, 2006. |
| Nov 6 2006 |
The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| May 23 2007 |
Brief amicus curiae of United States filed. |
| Jun 4 2007 |
Supplemental brief of petitioners Charles R. Riegel and Donna Riegel filed. (Distributed) |
| Jun 5 2007 |
DISTRIBUTED for Conference of June 21, 2007. |
| Jun 25 2007 |
Petition GRANTED. |
| Jul 5 2007 |
The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 27, 2007. |
| Aug 1 2007 |
Motion for Suggestion of death and motion for substitution filed by petitioner Donna Riegel |
| Aug 1 2007 |
Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for the petitioner. |
| Aug 7 2007 |
Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for the respondent. |
| Aug 8 2007 |
DISTRIBUTED for Conference of September 24, 2007 (CL 163). |
| Aug 10 2007 |
Response to motion from respondent Medtronic, Inc. filed. (Distributed) |
| Aug 13 2007 |
Reply of petitioners in support of motion filed. (Distributed) |
| Aug 27 2007 |
Joint appendix filed. (Statement of costs received.) |
| Aug 27 2007 |
Brief of petitioners Charles R. Riegel, et ux. filed. |
| Aug 27 2007 |
Brief amici curiae of New York, et al. filed. |
| Aug 27 2007 |
Brief amici curiae of Public Health Advocacy Institiute, et al. filed. |
| Aug 27 2007 |
Brief amici curiae of Edward M.Kennedy, et al. filed. |
| Aug 27 2007 |
Brief amicus curiae of Consumers Union of United States, Inc. filed. |
| Aug 27 2007 |
Brief amicus curiae of American Association for Justice and Public Justice filed. |
| Aug 27 2007 |
Brief amici curiae of AARP, et al. filed. |
| Sep 5 2007 |
The time within which to file respondent's brief on the merits is extended to and including October 19, 2007. |
| Oct 1 2007 |
The motion of Donna Riegel, the administrator of the Estate of Charles R. Riegel, to be substituted in place of Charles R. Riegel, deceased, is GRANTED. The exercise of this Court's power to grant an untimely motion to substitute a party is not unprecedented. State Farm Mutual Auto. Ins. Co. v. Campbell, 537 U.S. 1042 (2002); see also Schact v. United States, 398 U.S. 58, 63-64 (1970) (“The procedural rules adopted by the Court for the orderly transaction of its business are not jurisdictional and can be relaxed by the Court in the exercise of its discretion..”); Stern & Gressman, Supreme Court Practice 350 (8th ed. 2002).
The Chief Justice and Justice Scalia would deny the motion, because it was filed more than six months after the petitioner's death. See Supreme Court Rule 35.1 (“If the substitution of a representative of the deceased is not made within six months after the death of the party, the case shall abate” (emphasis added)). The fact that Rule 35.1 is not jurisdictional is not a reason to ignore it, particularly since here, unlike in Campbell, supra, the motion was opposed by the respondent.
|
| Oct 15 2007 |
SET FOR ARUMENT Tuesday, December 4, 2007. |
| Oct 19 2007 |
Brief of respondent Medtronic, Inc. filed. |
| Oct 19 2007 |
Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| Oct 19 2007 |
Brief amicus curiae of United States filed. |
| Oct 19 2007 |
Brief amici curiae of CropLife America, et al. filed. |
| Oct 19 2007 |
Brief amicus curiae of Washington Legal Foundation filed. |
| Oct 19 2007 |
Brief amicus curiae of Product Liability Advisory Council, Inc. filed. |
| Oct 19 2007 |
Brief amici curiae of Advanced Medical Technology Association, et al. filed. |
| Oct 26 2007 |
Motion of New York, et al. for leave to participate in oral argument as amici curiae and for divided argument filed. |
| Oct 30 2007 |
CIRCULATED. |
| Nov 2 2007 |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Nov 6 2007 |
Opposition to motion of New York, et al. filed by petitioner. |
| Nov 9 2007 |
Motion of New York, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. |
| Nov 9 2007 |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Nov 14 2007 |
Record for the U.S.D.C. for the Northern District of New York is electronically filed. |
| Nov 15 2007 |
Reply of petitioner Donna S. Riegel individually, and as administrator of the estate of Charles R. Riegel filed. (Distributed) |
| Nov 23 2007 |
Record received from the U.S.C.A. for the 2nd Circuit. (1 box) |
| Dec 4 2007 |
Argued. For petitioner: Allison M. Zieve, Washington, D.C. For respondent: Theodore B. Olson, Washington, D.C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) |
| Jan 16 2008 |
Letter received from the Solicitor General. (Distributed) |
| Feb 20 2008 |
Adjudged to be AFFIRMED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Souter, Thomas, Breyer, and Alito, JJ., joined, and in which Stevens, J., joined except for Parts III-A and III-B. Stevens, J., filed an opinion concurring in part and concurring in the judgment. Ginsburg, J., filed a dissenting opinion. |
| Mar 24 2008 |
JUDGMENT ISSUED. |
| Apr 2 2008 |
Record returned to the U.S.C.A. for the Second Circuit. |