Records returned to the USCA for the Third Circuit. (2-boxes)

JUDGMENT ISSUED.

Adjudged to be AFFIRMED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Alito, and Sotomayor, JJ., joined. Stevens, J., filed an opinion concurring in part and concurring in the judgment. Scalia, J.,... (orders list)

Argued. For petitioners: Kannon K. Shanmugam, Washington, D.C. For respondents: David C. Frederick, Washington, D.C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)

Letter from counsel for amici Dr. Harlan M. Krumholz and Dr. Joseph S. Ross proposing to lodge copies of a transcript of Dr. Krumholz's testimony cited to in petitioners' reply brief on the merits.

Additional Record received from U.S.C.A. for 3rd Circuit. (1 box)

Record for U.S.D.C. for the District of New Jersey is Electronic.

Reply of petitioners Merck & Co., Inc., et al. filed. (Distributed)

Record received from US.C.A. for Third Circuit. (1 box)

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

Brief amicus curiae of National Coordinating Committee for Multiemployer Plans filed. (Distributed)

Brief amicus curiae of National Association of Shareholder and Consumer Attorneys filed. (Distributed)

Brief amici curiae of Faculty at Law and Business Schools filed. (Distributed)

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

Brief amici curiae of Dr. Harlan M. Krumholz and Dr. Joseph S. Ross filed. (Distributed)

Brief amicus curiae of Council of Institutional Investors filed. (Distributed)

Brief amici curiae of Connecticut Retirement Plans and Trust Funds, et al. filed. (Distributed)

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

Brief amici curiae of Change to Win and The Change to Win Investment Group filed. (Distributed)

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

Brief amicus curiae of United States filed. (Distributed).

Brief of respondents Richard Reynolds, et al. filed. (Distributed)

The time within which to file respondents' brief on the merits is further extended to and including October 19, 2009.

CIRCULATED

SET FOR ARGUMENT ON Monday, November 30 2009.

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

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

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

Brief amicus curiae of Securities Industry and Financial Markets Association filed.

Brief amicus curiae of Washington Legal Foundation filed.

Joint appendix filed. (Jt. appendix in two volumes). Statement of costs received.

Brief of petitioners Merck & Co., Inc., et al. filed.

Joint appendix filed. (Jt. appendix in two volumes)

Blanket consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for petitioner and counsel for respondent.

The time within which to file respondents' brief on the merits is extended to and including October 16, 2009.

The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including August 10, 2009.

Petition GRANTED. (orders list)

Supplemental brief of respondents Richard Reynolds, et al. filed. (Distributed)

Supplemental brief of petitioners Merck & Co., Inc., et al. filed. (Distributed)

DISTRIBUTED for Conference of May 21, 2009.

DISTRIBUTED for Conference of April 24, 2009.

Reply of petitioners Merck & Co., Inc., et al. filed.

Brief of respondent Richard Reynolds, et al. in opposition filed.

Brief of respondents Richard Reynolds, et al. in opposition filed.

Order extending time to file response to petition to and including March 23, 2009.

Petition for a writ of certiorari filed. (Response due February 20, 2009)

Merck & Co., Inc., et al., Petitioner, represented by Kannon K. Shanmugam

Merck & Co., Inc., et al., Petitioner, represented by Evan R. Chesler

Richard Reynolds, et al., Respondent, represented by David A. P. Brower

Richard Reynolds, et al., Respondent, represented by Max W. Berger

Richard Reynolds, et al., Respondent, represented by David C. Frederick

AARP, et al., Amicus Curiae, represented by Stanley D. Bernstein

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Deanne E. Maynard

Change to Win and The Change to Win Investment Group, Amicus Curiae, represented by Eric Alan Isaacson

Connecticut Retirement Plans and Trust Funds, et al., Amicus Curiae, represented by Jay W. Eisenhofer

Council of Institutional Investors, Amicus Curiae, represented by Gregory S. Coleman

DRI - the Voice of the Defense Bar, Amicus Curiae, represented by Kevin C. Newsom

Faculty at Law and Business Schools, Amicus Curiae, represented by Lisa L. Casey

Harlan M. Krumholz and Joseph S. Ross, Amicus Curiae, represented by James A. Feldman

Merck & Co., Inc., et al. v. Richard Reynolds, et al., Amicus Curiae, represented by Malcolm L. Stewart

National Association of Shareholder and Consumer Attorneys, Amicus Curiae, represented by Frederic S. Fox

National Coordinating Committee for Multiemployer Plans, Amicus Curiae, represented by Sally M Tedrow

Ohio, et al., Amicus Curiae, represented by Benjamin C. Mizer

Pharmaceutical and Research Manufacturers of America, Amicus Curiae, represented by Jonathan F. Cohn

Securities Industry and Financial Markets Association, Amicus Curiae, represented by Richard D. Bernstein

Taxpayers Against Fraud Education Fund, Amicus Curiae, represented by Robert Lawrence Vogel

United States, Amicus Curiae, represented by Elena Kagan

Washington Legal Foundation, Amicus Curiae, represented by Steven A. Engel