09-152 Bruesewitz v. Wyeth, LLC
Torts Vaccines; preemption The National Childhood Vaccine Injury Act of 1986 preempts all design-defect claims against vaccine manufacturers brought by plaintiffs seeking compensation for injury or death caused by a vaccine’s side effects. Section 300aa–22(b)(1)’s text suggests that a vaccine’s design is not open to question in a tort action. If a manufacturer could be […]
10-1129 Hughes v. United Air Lines, Inc.
Labor RLA; preemption The Railway Labor Act does not completely preempt retaliatory-discharge claims under state law. “Graf’s holding that the RLA completely preempts retaliatory-discharge suits under state law is overruled. (Other parts of Graf are unaffected by this conclusion.) Because this conclusion is compelled by decisions of the Supreme Court after Graf, circulation under Circuit [&hel[...]
09-3434 Bausch v. Stryker Corporation, et al.
Civil Procedure Jurisdiction; preemption; Class III medical device; dismissal with prejudice In a diversity action where plaintiff alleges injury by a hip replacement, a Class III medical device under the federal Food Drug and Cosmetic Act, under Illinois common law for negligence and strict liability for a defective product, the trial court erred when it […]
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