Yesterday, the Court GVRed (grant/vacate/remand) Perringo v. Gaeta back to the Ninth Circuit for reconsideration in light of Mensing. That’s hardly unexpected, since the same thing happened with straggler cases after Levine and other preemption decisions. Watch the Ninth Circuit. If the court thinks that the plaintiff in Gaeta has a plausible argument against preemption, despite Mensing, the Ninth Circuit would schedule argument/briefing. If not, expect a summary affirmance or a further remand back to the district court.
Also of interest to those playing in our sandbox, the Supreme Court also denied certiorari in the infamous Bausch medical device pleading (TwIqbal) case.
Here’s the list containing both orders.