Legal Opinion
Bruesewitz v. Wyeth LLC
Supreme Court of the United States
Decided February 22, 2011No. 09-152PublishedCited by 312 opinions
1Opinion of the CourtJustice Scalia
We consider whether a pre-emption provision enacted in the National Childhood Vaccine Injury Act of 1986 (NCVIA)1 bars state-law design-defeet claims against vaccine manufacturers.
I
A
For the last 66 years, vaccines have been subject to the same federal premarket approval process as prescription drugs, and compensation for vaccine-related injuries has been left largely to the States.2 Under that regime, the elimination of communicable diseases through vaccination became “one of the greatest achievements” of public health in the 20th century.3 But in the 1970’s and 198Q’s vaccines became, one…
2Cases cited22 opinions
- United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
- District of Columbia v. HellerSupreme Court of the United States · 2008
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Jones v. United StatesSupreme Court of the United States · 1999
17 more not listed; retrieve them via the Exa API.
3Cited by312 opinions
- Kisor v. WilkieSupreme Court of the United States · 2019
- Microsoft Corp. v. i4i Ltd. PartnershipSupreme Court of the United States · 2011
- Sebelius v. CloerSupreme Court of the United States · 2013
- Al Otro Lado v. Chad WolfCourt of Appeals for the Ninth Circuit · 2020
- Food Marketing Institute v. Argus Leader MediaSupreme Court of the United States · 2019
307 more not listed; retrieve them via the Exa API.