Record returned to the Supreme Court of Vermont.

MANDATE ISSUED. (orders list)

Adjudged to be AFFIRMED. Stevens, J., delivered the opinion of the Court, in which Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Breyer, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in the judgment. Alito, J., file... (orders list)

Letter of February 4, 2009, from counsel for the petitioner received. (Distributed)

Trial Transcripts received from the Supreme Court of Vermont. (1 box containing 6 transcripts)

Argued. For petitioner: Seth P. Waxman, Washington, D.C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. (for Untied States, as amicus curiae.) For respondent: David C. Frederick, Washington, D.C.

Response from counsel for petitioner to respondent's proposed lodging. Distributed.

The Clerk has approved respondent's proposed lodging. 20 copies of congressional staff report of the Committee on Oversight and Government Reform received and distributed.

Letter from counsel for respondent proposing to lodge copies of a newly issued congressional staff report of the Committee on Oversight and Government Reform.

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

Reply of petitioner Wyeth filed. (Distributed)

Letter, dated August 27, 2008, received from the Acting Solicitor General.

Additional record received from the Supreme Court of Vermont. (1 box)

Application (08A169) granted by Justice Ginsburg extending the time to file a reply brief on the merits until September 15, 2008.

Application (08A169) to extend the time to file a reply brief on the merits from September 8, 2008 to September 15, 2008, submitted to Justice Ginsburg.

SET FOR ARGUMENT ON Monday, November 3, 2008

Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)

Brief amici curiae of Former FDA Commissioners Dr. Donald Kennedy and Dr. David A. Kessler filed. (Distributed)

Brief amici curiae of Kim Witczak, Sara Bostock, and Healthy Skepticism filed. (Distributed)

Brief amici curiae of New England Journal of Medicine Editors and Authors filed. (Distributed)

Brief amici curiae of Texas Medical Association, et al. filed. (Distributed)

Brief amici curiae of David B. Ross, M.D. and Stefan P. Kruszewski, M.D. filed. (Distributed)

Brief amici curiae of Daniel Paul Carpenter, et al. filed. (Distributed)

Brief amicus curiae of American Association for Justice filed. (Distributed)

Brief amicus curiae of Constitutional and Administrative Law Scholars filed. (Distributed)

Brief amicus curiae of National Coalition Against Censorship filed. (Distributed)

Brief amicus curiae of DES Action filed. (Distributed)

Brief amici curiae of Torts Professors Mark P. Gergen and Michael D. Green filed. (Distributed)

Brief amici curiae of Anju Budhwani, M.D., et al. filed. (Distributed)

Brief amici curiae of AARP, et al. filed. (Distributed)

Brief amici curiae of Vermont, et al filed. (Distributed)

Brief amici curiae of Members of Congress filed. (Distributed)

Brief amicus curiae of Center for State Enforcement of Antitrust and Consumer Protection Laws, Inc. filed. (Distributed).

Brief amicus curiae of California Medical Association filed. (Distributed)

Brief amicus curiae of National Conference of State Legislatures filed. (Distributed)

Brief amicus curiae of Consumers Union of the United States filed. (Distributed)

Brief amicus curiae of Senior Citizens League filed. (Distributed)

Brief amicus curiae of Citizens Commission on Human Rights filed. (Distributed)

Record received from the Supreme Court of Vermont. ( 2 boxes)

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

CIRCULATED.

Brief of respondent Diana Levine filed. (Distributed).

The time within which to file respondent's brief on the merits is further extended to and including August 7, 2008.

Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for the respondent.

Brief amicus curiae of Chamber of Commerce of the United States of America filed.

Brief amici curiae of Washington Legal Foundation, et al. filed.

Brief amicus curiae of Generic Pharmaceutical Association filed.

Brief amici curiae of PhRMA and BIO filed.

Brief amici curiae of John E. Calfee, et al. filed.

Brief amicus curiae of DRI - The Voice of the Defense Bar filed.

Brief amicus curiae of United States filed.

Brief amicus curiae of Product Liability Advisory Council, Inc. filed.

Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the petitioner.

Joint appendix filed. Statement of costs received.

Brief of petitioner Wyeth filed.

The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including May 27, 2008.

The time within which to file respondent's brief on the merits is extended to and including August 1, 2008.

Petition GRANTED. The brief of petitioner is to be filed on or before Monday, February 25, 2008. The brief of respondent is to be filed on or before Monday, March 24, 2008. A reply brief, if any, is to be filed in accordance with Rule 25.3 of the R... (orders list)

Letter of January 17, 2008, from counsel for respondent received. (Distributed)

Letter of January 17, 2008, from counsel for the petitioner received. (Distributed).

Letter received from the Solicitor General. (Distributed)

DISTRIBUTED for Conference of January 18, 2008.

Supplemental brief of respondent Diana Levine filed. (Distributed)

Supplemental brief of petitioner Wyeth filed. (Distributed)

Brief amicus curiae of United States filed.

The Solicitor General is invited to file a brief in this case expressing the views of the United States.

DISTRIBUTED for Conference of May 17, 2007.

Reply of petitioner Wyeth filed.

Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.

Brief amici curiae of Product Liability Advisory Council, Inc., et al. filed.

Brief of respondent Diana Levine in opposition filed.

Order extending time to file response to petition to and including April 20, 2007.

Petition for a writ of certiorari filed. (Response due April 13, 2007)

Wyeth, Petitioner, represented by Bert W. Rein

Wyeth, Petitioner, represented by Seth P. Waxman

Diana Levine, Respondent, represented by David C. Frederick

Diana Levine, Respondent, represented by Brian Wolfman

AARP, et al., Amicus Curiae, represented by Charles L. Becker

American Association for Justice, Amicus Curiae, represented by Louis M. Bograd

Anju Budhwani, et al., Amicus Curiae, represented by Stanley D. Bernstein

California Medical Association, Amicus Curiae, represented by Collyn A. Peddie

Canter for State Enforcement of Antitrust and Consumer Protection Laws, Inc., Amicus Curiae, represented by Thomas W. Merrill

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Alan E. Untereiner

Citizens Commission on Human Rights, Amicus Curiae, represented by Kendrick L. Moxon

Constitutional Accountability Center, Amicus Curiae, represented by Elizabeth B. Wydra

Constitutional and Administrative Law Scholars, Amicus Curiae, represented by Ernest A. Young

Consumers Union of the United States, Amicus Curiae, represented by Mark R. Savage

Daniel Paul Carpenter, et al., Amicus Curiae, represented by Gregory S. Coleman

David B. Ross M.D., and Stefan P. Kruszrwski M.D., Amicus Curiae, represented by Michael J. Quirk

DES Action, Amicus Curiae, represented by Aaron M. Levine

DRI - The Voice of the Defense Bar, Amicus Curiae, represented by Daniel E. Troy

Former FDA Commissioners Dr. Donald Kennedy and Dr. David A. Kessler, Amicus Curiae, represented by David C. Vladeck

Generic Pharmaceutical Association, Amicus Curiae, represented by Jay P. Lefkowitz

John E. Calfee, et al., Amicus Curiae, represented by Joe G. Hollingsworth

Kim Witczak, Sara Bostock, and Healthy Skepticism, Amicus Curiae, represented by W. Mark Lanier

Members of Congress, Amicus Curiae, represented by Jonathan S. Massey

National Coalition Against Censorship, Amicus Curiae, represented by Erwin Chemerinsky

National Conference of State Legislatures, Amicus Curiae, represented by Elizabeth J. Cabraser

New England Journal of Medicine Editors and Authors, Amicus Curiae, represented by Gerson H. Smoger

Pharmaceutical Research and Manufacturers of America, Amicus Curiae, represented by Robert A. Long Jr.

Product Liability Advisory Council, Inc., Amicus Curiae, represented by Kenneth S. Geller

Senior Citizens League, Amicus Curiae, represented by John S. Miles

Texas Medical Association, et al., Amicus Curiae, represented by R. Brent Cooper

Torts Professors Mark P. Gergen and Michael D. Green, Amicus Curiae, represented by Michael F. Sturley

United States, Amicus Curiae, represented by Edwin S. Kneedler

Vermont, et al, Amicus Curiae, represented by Kevin O. Leske

Washington Legal Foundation. et al., Amicus Curiae, represented by Eric G. Lasker