We mentioned yesterday that the previously held cert. petition for Colacicco was distributed for consideration at the Justices’ conference tomorrow. We decided to check the docket for
Pennsylvania Employees Benefit Trust Fund v. Zeneca, Inc., No. 07-822, as well. Sure enough, this petition has also been re-distributed. Thus, it’s likely that there will be orders in both cases as early as tomorrow. As we pointed out with respect to Colacicco, the most likely outcome is a GVR (grant, vacate, remand (in light of Levine)) order.