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Section 4: Business Institute of Bill of Rights Law at the William & Mary Law School College of William & Mary Law School William & Mary Law School Scholarship Repository Supreme Court Preview Conferences, Events, and Lectures 2010 Section 4: Business Institute of Bill of Rights Law at the William & Mary Law School Repository Citation Institute of Bill of Rights Law at the William & Mary Law School, "Section 4: Business" (2010). Supreme Court Preview. 198. https://scholarship.law.wm.edu/preview/198 Copyright c 2010 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/preview IV. Business In This Section: New Case: 09-152 Bruesewitz v. Wyeth, Inc. p. 107 Synopsis and Questions Presented p. 107 "SUPREME COURT ACCEPTS APPEAL OVER VACCINE SAFETY" p. 120 Bill Mears "3RD CIRCUIT: KIDS HURT BY VACCINES CAN'T PURSUE DESIGN DEFECT p. 122 CLAIMS" Shannon P. Duffy "VACCINE COURT FINDS No LINK TO AUTISM" p. 125 CN.com "SUIT SAYS MT. LEBANON GIRL SUFFERED SEVERE BRAIN DAMAGE" p. 128 Brian Bowling New Case: 09-329 Chase Bank USA, N.A. V. McCoy p. 130 Synopsis and Questions Presented p. 130 "SUPREME COURT TO HEAR JPMORGAN APPEAL IN CARD CASE" p. 141 James Vicini 7TH CIRCUIT RULES BANK CAN RAISE INTEREST RATE WITHOUT NOTICE p. 142 David Ziemer "BANK OF AMERICA WINS CREDIT CARD FEE LAWSUIT" p. 145 Jonathan Stempel "CREDIT CARD COMPANIES ADD TO ECONOMIC WOES" p. 146 Jann Swanson "CONSUMERS ARE DEALT A NEW HAND IN CREDIT CARDS" p. 148 Ron Lieber New Case: 08-1423 Costco Wholesale Corp. v. Omega, S.A. p. 150 Synopsis and Questions Presented p. 150 "JUSTICES TO HEAR RETAIL CASE" p.156 Brent Kendall "SUPREME COURT AGREES TO HEAR CASE ABOUT COSTCO SELLING OMEGA p. 157 WATCHES AT DISCOUNT" Melissa Allison "MARKET MAYHEM: SALE OF GRAY MARKET GOODS HEADS TO THE p. 159 SUPREME COURT" Steven Seidenberg "COURT LETS DISCOUNTERS KEEP SELLING U.S.-MADE GOODS THEY BUY p. 162 OVERSEAS" Joan Biskupic "ARE FOREIGN SALES 'FIRST SALES' UNDER COPYRIGHT LAW? IT p. 164 DEPENDS..." Scott Cameron "CALLING FOR TIME: WHY THE SUPREMES WILL CONSIDER CoSTco V. p. 166 OMEGA" Joe Mullin "WHO CARES ABOUT COSTO CORP.V. OMEGA?" p. 168 Peter Jaszi New Case: 09-1156 Matrixx Initiatives,Inc. v. Siracusano p. 170 Synopsis and Questions Presented p. 170 "U.S. SUPREME COURT TO HEAR SUIT OF INVESTORS VS. SCOTTSDALE p.180 DRUG FIRM" Ken Alltucker "SUPREME COURT TO HEAR MATRIXX ZICAM SECURITIES CASE" p. 182 Jacqueline Bell "CLASS ACTION CLAIM AGAINST ZICAM MANUFACTURER MATRIXX p. 184 REINSTATED BY THE NINTH CIRCUIT" Abby Lauer "SUPREME COURT TO ADDRESS SECURITIES FRAUD PLEADING STANDARDS" p. 186 DavisPolk New Case: 09-837 Mayo Foundationv. United States p. 189 Synopsis and Questions Presented p. 189 "IRS FACEOFF WITH MEDICAL RESIDENTS SET FOR HIGH COURT" p.197 Tamara Lytle "U.S. SUPREME COURT AGREES TO HEAR CASE ON TAXING MEDICAL p. 199 RESIDENTS" Eric Kelderman "COURT SIDES WITH IRS ON MEDICAL RESIDENTS' PAYROLL TAXES" p. 200 Judith Bums "IRS RULE COULD THREATEN RESIDENTS' TAX STATUS" p. 202 Eve Bender "IRS GIVES IN ON MEDICAL RESIDENTS" p. 204 Doug Lederman New Case: 09-400 Staub v. Proctor Hospital p. 205 Synopsis and Questions Presented p. 205 "SUPREME COURT TO REVIEW PROCTOR HOSPITAL'S FIRING OF ARMY p. 211 RESERVIST" Andy Kravetz "CIRCUIT SPLIT OVER CAT'S PAW THEORY SEEKS SUPREME COURT p. 213 ATTENTION" Tresa Baldas "THE HIGH COURT ASKS FOR SG VIEWS ON 'CAT'S PAW' THEORY" p. 215 Jacqueline Bell "AVOIDING CAT'S PAW LIABILITY: LIMITING THE IMPACT OF ALLEGED p. 217 BIAS BY A SUBORDINATE EMPLOYEE-ESPECIALLY IN A RIF" Caroline J. Honorowski & David E. Schwartz "RETURNING TROOPS FACE NEW FIGHT FOR OLD JOBS" p. 221 Kathryn Watson New Case: 08-1314 Williamson v. Mazda Motor ofAmerica, Inc. p. 225 Synopsis and Questions Presented p. 225 "MAZDA PASSENGER SEATBELT SUIT GETS U.S. SUPREME COURT REVIEW" p. 234 Greg Stohr "HIGH COURT TO HEAR VEHICLE SAFETY PREEMPTION CASE" p. 236 Ryan Davis "HIGH COURT SEEKS SG INPUT IN MAZDA PREEMPTION CASE" p. 238 Shannon Henson "COURT REBUFFS SUITS ON LACK OF AIR BAGS" p. 240 Caroline E. Mayer "MAZDA PREEMPTION CASE COULD ExPAND AUTOMAKER LIABILITY" p. 242 Brendan Pierson Bruesewitz v. Wyeth, Inc. 09-152 Ruling Below: Bruesewitz v. Wyeth, Inc., 561 F.3d 233 (3d Cir. 2009), cert. granted,2010 U.S. LEXIS 2266 (2010). This case arose because the parents alleged that their child suffered injury after she received a diphtheria-pertussis-tetanus (DPT) vaccine made by the manufacturer. The suit alleged design and manufacturing defects and failure to warn claims. The district court concluded that all claims were preempted by the Vaccine Act. On appeal, the court considered the following three questions: (1) whether the Vaccine Act preempted all design defect claims against the manufacturer of a vaccine; (2) whether the parents demonstrated that the manufacturer failed to adequately warn of the risks associated with the vaccine; and (3) whether the parents provided sufficient evidence of a manufacturing defect to survive summary judgment. While the court found that the Vaccine Act contained an express preemption provision, ambiguities required analysis of the language, structure, and purpose of the Act. As a result of that analysis, the court concluded that Congress intended to preempt some design defect claims, and particularly the DPT-related claim here. The court also concluded that the parents failed to establish either a manufacturing defect or a warning defect claim under the Vaccine Act. Question Presented: Whether the Third Circuit erred in holding that, contrary to its plain text and the decisions of this Court and others, Section 22(b)(1) preempts all vaccine design defect claims, whether the vaccine's side effects were unavoidable or not? Russell BRUESEWITZ; Robalee Bruesewitz, parents and natural guardians of Hannah Bruesewitz, a minor child and in their own right, Appellants, V. WYETH INC. f/k/a Wyeth Laboratories, Wyeth-Ayerst Laboratories, Wyeth Lederle, Wyeth Lederle Vaccines, and Lederle Laboratories. United States Court of Appeals for the Third Circuit Filed March 27, 2009 [Excerpt; some footnotes and citations omitted.] SMITH, Circuit Judge: adequately warn the plaintiffs of the risks This appeal presents three questions related associated with the vaccine; and (3) whether to the National Childhood Vaccine Injury the plaintiffs provided sufficient evidence of Act: (1) whether the Act preempts all design a manufacturing defect to survive the defect claims against the manufacturer of a defendant's motion for summary judgment. vaccine; (2) whether the plaintiffs The District Court held that the Act demonstrated that the manufacturer failed to preempted all design defect claims and concluded that the plaintiffs failed to optimal prevention of human infectious provide sufficient evidence to support the diseases through immunization and to other two claims. For the reasons that achieve optimal prevention against adverse follow, we will affirm. reactions to vaccines." It sought to accomplish this primarily through the I. creation of the National Vaccine Injury A. Compensation Program ("NVICP") for claims against drug manufacturers for Historically, the states have possessed "great vaccine-related injuries and deaths. latitude under their police powers to legislate as to the protection of the lives, The NVICP has two parts. Part A creates a limbs, health, comfort, and quiet" of their mandatory forum for the administration of citizens. This has been true with regard to claims-it requires a petitioner seeking drugs, as the Supreme Court has declared it compensation, including the injured party's "well settled that the State has broad police legal representative, to file a petition in the powers in regulating the administration of "Vaccine Court," which is part of the United drugs by the health professions." And the States Court of Federal Claims. The police powers extend to immunization, as petitioner is entitled to receive compensation state and local authorities have responded to if: (1) the affected person received a vaccine illnesses like smallpox and sought to covered by the Vaccine Act; (2) the affected inoculate members of the populous. Despite person suffered a "Table injury"; and (3) it calls in the late nineteenth-century for the cannot be shown by a preponderance of the federal regulation of vaccines to promote evidence that the injuries or death were not uniform safety regulations, Congress did not caused by the vaccine. Alternatively, a act until 1902, when thirteen children died petitioner who suffers a non-Table injury after being vaccinated with contaminated may still obtain compensation by proving diphtheria antitoxin. Over the past century, affirmatively that the vaccine caused the however, the federal government has taken a injury. Part B of the NVICP permits a predominate role in approving, regulating, petitioner, after the Vaccine Court has and promoting vaccines-from the passage issued a final judgment, to either accept or of the Biologics Control Act in 1902, which reject that judgment. If the petitioner rejects authorized a federal agency to issue the judgment, she may pursue certain regulations related to vaccines, to the Public limited claims in state or federal court. Health Service Act, which required federal authorities to license vaccines and vaccine B. manufacturers, to the Emergency Supplemental Appropriations Act for Hannah Bruesewitz was born on October 20, Recovery from and Response to Terrorist 1991. At the time, the federal Advisory Attacks on the United States, which Committee on Immunization Practices appropriated money for the acquisition of a recommended that children receive five sufficient quantity of the smallpox vaccine doses of the diphtheria-pertussis-tetanus to inoculate the country. ("DPT") vaccine during the course of their childhood, one dose at each of the following The National Childhood Vaccine Injury Act ages: (1) 2 months; (2) 4 months; (3) 6 ("Vaccine Act") is one such effort.
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