Tuesday, June 8, 2010

Pfizer and SCOTUS: SG does not express any substantive views on the ATS

Should A Nigerian Lawsuit Against Pfizer Proceed?

The US Solicitor General has filed a brief suggesting to the US Supreme Court that a lawsuit filed against Pfizer by several Nigerians over the 1996 Trovan scandal should not proceed. Essentially, some blogs report that this means the Solicitor General disagrees with Pfizer’s interpretation of a law that has been relied upon to claim US companies committed eggregious behavior overseas, and that the Supreme Court should not bother to hear the case (see the brief). More...http://www.pharmalot.com/2010/06/should-a-nigerian-lawsuit-against-pfizer-proceed/

But this is not the case...  The SG brief argues that Pfizer's petition is not cert worthy because there is no circuit split, and that the procedural posture counsel against cert because there are many potential grounds on which the district court could dismiss the case (which would moot the need for Supreme Court review) and a decision by the Supreme Court on the issues raised in the cert petition likely would not be dispositive. The SG did not express any substantive views on the ATS or imply that Pfizer's interpretations were wrong.