JUDGMENT ISSUED.

Rehearing DENIED. (orders list)

Record returned to U.S. D.C. for Eastern District of Louisiana.

Record returned to U.S.C.A. for 8th Circuit.

DISTRIBUTED.

Petition for Rehearing filed. VIDED.

Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, except as to Part III-B-2. Roberts, C. J., and Scalia and Alito, JJ., joined that opinion in full, and Kennedy, J., joined as to all but Part III-B-2. Sotomayor, J... (orders list)

Argued. For petitioners: Jay P. Lefkowoitz, New York, N. Y. For respondents: Louis M. Bograd, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Reply of petitioners Actavis Elizabeth LLC filed. VIDED. (Distributed)

Reply of petitioners PLIVA, Inc., et al. filed. VIDED. (Distributed)

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

Letter from counsel for PLIVA received. (Distributed). VIDED.

Brief amici curiae of Jerome P. Kassirer, M.D., and Paul D. Stolley, M.D., M.P.H. filed. VIDED. (Distributed)

Brief amici curiae of Public Citizen and AARP filed. VIDED. (Distributed)

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

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

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

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

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

Brief amici curiae of National Conference of State Legislators filed. VIDED. (Distributed)

Brief amici curiae of Torts Professors Mary J. Davis, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Dr. Christy Graves filed. VIDED. (Distributed)

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

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

Brief amici curiae of Marc T. Law, et al. filed. VIDED. (Distributed)

Brief amici curiae of Administrative Law and Civil Procedure Scholars filed. VIDED. (Distributed)

Brief amicus curiae of Rep. Henry A. Waxman filed. VIDED. (Distributed)

Brief of respondents Gladys Mensing and Julie Demahy filed. VIDED. (Distributed)

Brief of respondents Julie Demahy and Julie Demahy filed. VIDED. (Distributed)

CIRCULATED. VIDED.

Brief amici curiae of Morton Grove Pharmaceuticals, Inc., et al. filed. VIDED.

Brief amicus curiae of Apotex, Inc. filed. VIDED.

Brief amicus curiae of Generic Pharmaceutical Association filed. VIDED.

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

Brief of petitioners Actavis Inc. and Actavis Elizabeth LLC filed. VIDED.

Joint appendix filed. VIDED.

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

Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for petitioners PLIVA, Inc, Teva Pharmaceuticals USA Inc., and UDL Labs. VIDED.

Brief of petitioners PLIVA, Inc., et al. filed. VIDED.

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

Record received from U.S. D.C. for Eastern District of Louisiana. (1 Box)

Record received from U.S.C.A. for 5th Circuit. (1 box)

SET FOR ARGUMENT ON Wednesday, March 30, 2011.

Petition GRANTED The petitions for writs of certiorari in No. 09-993 and No. 09-1039 are granted. The cases are consolidated and a total of one hour is allotted for oral argument. (orders list)

DISTRIBUTED for Conference of December 10, 2010.

Supplemental brief of petitioner Actavis, Inc. filed. (Distributed)

DISTRIBUTED for Conference of December 3, 2010.

Reply of petitioner Actavis, Inc. filed. (Distributed).

Brief of respondent Julie Demahy in opposition filed. (Distributed).

Response Requested . (Due August 2, 2010)

DISTRIBUTED for Conference of September 27, 2010.

Waiver of right of respondent Julie Demahy to respond filed.

Appendix of Actavis, Inc. filed.

Petition for a writ of certiorari filed. (Response due July 9, 2010)

Application (09A919) granted by Justice Scalia extending the time to file until June 7, 2010.

Application (09A919) to extend the time to file a petition for a writ of certiorari from April 8, 2010 to June 7, 2010, submitted to Justice Scalia.

Actavis Elizabeth LLC, Petitioner, represented by Irene C. Keyse-Walker

Actavis Elizabeth, LLC, Petitioner, represented by Irene C. Keyse-Walker

Actavis Inc., Petitioner, represented by William B. Schultz

Actavis, Inc., Petitioner, represented by William B. Schultz

Pliva, Inc., Petitioner, represented by Joseph P. Thomas

PLIVA, Inc., et al., Petitioner, represented by Jay P. Lefkowitz

Gladys Mensing and Julie Demahy, Respondent, represented by Louis M. Bograd

Julie Demahy, Respondent, represented by Louis M. Bograd

Administrative Law and Civil Procedure Scholars, Amicus Curiae, represented by Alexander A. Reinert

American Association for Justice, Amicus Curiae, represented by Mindy Michaels Roth

American Medical Association, et al., Amicus Curiae, represented by Jay Hodges Henderson

Apotex, Inc., Amicus Curiae, represented by Roy T. Englert Jr.

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

Dr. Christy Graves, Amicus Curiae, represented by Erik S. Jaffe

Generic Pharmaceutical Association, Amicus Curiae, represented by Earl Bowen Austin

Jjerome P. Kassirer, M.D., and Paul D. Stolley, M.D., M.P.H., Amicus Curiae, represented by Collyn A. Peddie

Marc T. Law, et al., Amicus Curiae, represented by Thomas M. Sobol

Minnesota, et al., Amicus Curiae, represented by Alan Isaac Gilbert

Morton Grove Pharmaceuticals, Inc., et al., Amicus Curiae, represented by Steffen N. Johnson

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

National Conference of State Legislators, Amicus Curiae, represented by Sean H. Donahue

Public Citizen and AARP, Amicus Curiae, represented by Adina H. Rosenbaum

Rep. Henry A. Waxman, Amicus Curiae, represented by Jonathan S. Massey

the United States, Amicus Curiae, represented by Neal Kumar Katyal

Torts Professors Mary J. Davis, et al., Amicus Curiae, represented by Michael F. Sturley