Editor's Note :

Editor's Note :

On Monday, we expect orders from the June 22 Conference at 9:30 a.m. and the final opinions of the term at 10 a.m.
Our first interim Stat Pack for October Term 2016, prepared by Kedar Bhatia, is available at this link.
The Supreme Court proceedings and orders in the legal challenges to the administration’s entry ban are available at this link.

Bruesewitz v. Wyeth

Docket No. Op. Below Argument Opinion Vote Author Term
09-152 3d Cir. Oct 12, 2010
Tr.Aud.
Feb 22, 2011 6-2 Scalia OT 2010

Holding: The National Childhood Vaccine Injury Act, which created a no-fault program to provide compensation for vaccine-related injuries, preempts all design-defect claims against vaccine manufacturers by individuals seeking compensation for injury or death. (Kagan, J., recused.)

Plain English Holding: The National Childhood Vaccine Injury Act, which created a no-fault program to provide compensation for vaccine-related injuries, preempts all design-defect claims against vaccine manufacturers by individuals seeking compensation for injury or death.

Judgment: Affirmed, 6-2, in an opinion by Justice Antonin Scalia on February 22, 2011. Justice Breyer filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, which was joined by Justice Ginsburg. (Kagan, J., recused.)

SCOTUSblog Coverage

Briefs and Documents

Merits Briefs

Amicus Briefs

Certiorari-Stage Documents

  • Opinion Below (3d Circuit)
  • Petition for Certiorari (unavailable)
  • Brief in Opposition (unavailable)
  • Supplemental Brief Addressed to the Brief for the United States in American Home Products Corp. v. Ferrari (unavailable)
  • Amicus Brief of the National Vaccine Information Center (unavailable)
 
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