Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

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
 
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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.

Plain English Summary:

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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Awards