Legal Opinion

Bruesewitz v. Wyeth Inc.

Court of Appeals for the Third Circuit

Decided March 27, 2009No. 07-3794PublishedCited by 42 opinions

1Opinion of the Court

OPINION

SMITH, Circuit Judge.

This appeal presents three questions related to the National Childhood Vaccine Injury Act: (1) whether the Act preempts all design defect claims against the manufacturer of a vaccine; (2) whether the plaintiffs demonstrated that the manufacturer failed to adequately warn the plaintiffs of the risks associated with the vaccine; and (3) whether the plaintiffs provided sufficient evidence of a manufacturing defect to survive the defendant’s motion for summary judgment. The District Court held that the Act preempted all design defect claims and concluded that the…

2Cases cited44 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  3. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  4. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  5. Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005

39 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Bruesewitz v. Wyeth LLCSupreme Court of the United States · 2011
  2. Lozano v. City of HazletonCourt of Appeals for the Third Circuit · 2010
  3. Roth v. NORFALCO LLCCourt of Appeals for the Third Circuit · 2011
  4. In Re Vehicle Carrier Services Antitrust LitigationCourt of Appeals for the Third Circuit · 2017
  5. MD Mall Associates, LLC v. CSX Transportation, Inc.Court of Appeals for the Third Circuit · 2013

37 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API