3rd Circuit Sets Oral Argument for December 18th
Our Comment:
On the heels of yesterday’s news, the 3rd Circuit Cour of Appeals has set oral argument in the Johnson & Johnson case for December 18, 2009. The argument will be heard in Philadelphia, PA. The 3rd Circuit includes Pennsylvania, New Jersey and Delaware.
This is interesting news because it was unclear which Circuit was likely to decide first. While strange things have happened in many of these cases, the smart money would be on the 3rd Circuit to issue the first ruling on these cases. It is now inconceivable to me that the any other Circuit could skip ahead of the 3rd. In reality due to current state of affairs, it is likely that the 2nd Circuit in New York will be ahead of the 9th Circuit who everyone thought would rule first. Presently, however, the 9th Circuit is waiting on a ruling from the California Supreme Court who has yet to set oral argument in Harris v. Superior Court.
We will keep you up to date as events continue.
