Editor's Note :

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On Friday, the Supreme Court released orders from the January 17 conference, granting six cases for a total of three hours of oral argument. The justices are expected to release additional orders from the conference on Tuesday at 9:30 a.m.
On Tuesday at 10:00 a.m., the justices will hear oral argument in Shular v. United States. Click to read our preview from Leah Litman.
On Tuesday at 11:00 a.m., the justices will hear oral argument in GE Energy Power Conversion France v. Outokumpu Stainless USA. Click to read our preview from Ronald Mann.

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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