Monday, March 8, 2010
Supreme Court grants review to important product liability preemption case
The Supreme Court announced this morning it was granting review in Bruesewitz v. Wyeth, a test of the scope of the pre-emption provision of the National Childhood Vaccine Injury Act of 1986. The Court will likely try to resolve a split between the pro-preemption Third Circuit, and the anti-preemption Georgia Supreme Court regarding whether the Vaccine Act expressly preempts design defect claims. Thanks to the Blog of the Legal Times and Drug & Device law for the info.