Today the Supreme Court granted certiorari in Bruesewitz v. Wyeth., No. 09-152. That means that the Supreme Court will 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 in vaccine cases.
In what could be an important development, Chief Justice Roberts recused – shades of Warner-Lambert v. Kent.
We’ve been following both the Bruesewitz and the Ferrari (the Georgia one) cases for quite some time. Here are links to our prior posts:
In addition, so it’s available, here is the Solicitor General’s brief recommending that the Supreme Court grant certiorari in Ferrari.
There are other posts too, but those are the major ones.
A briefing schedule should issue soon. You can bet we’ll follow it for you.