Details on today’s opinions
on Feb 22, 2011 at 1:09 pm
Bruesewitz v. Wyeth – In an opinion by Justice Scalia (with Justice Kagan recused), the Court affirmed the decision of the Third Circuit. The Court held that that the National Childhood Vaccine Injury Act, which created a no-fault program to provide compensation for vaccine-related injuries, preempts all design-defect claims against vaccine manufacturers by individuals seeking compensation for injury or death.
Justice Breyer filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, which was joined by Justice Ginsburg.
The opinion in Bruesewitz can be found here.
CSX Transportation, Inc. v. Alabama Department of Revenue – In an opinion by Justice Kagan, the Court reversed the Eleventh Circuit and remanded. The Court held that the railroad can challenge Alabama’s sales and use taxes, which are imposed on railroads but not their main competitors, as discriminatory under the Railroad Revitalization and Regulatory Reform Act of 1976.
Justice Thomas filed a dissenting opinion, which was joined by Justice Ginsburg.
The opinion in CSX Transportation can be found here.
