Yesterday the Supreme Court issued a decision in Kurns v.  Railroad Friction Products Corp.  This is yet another judicial decision ruling that a piece of federal regulatory legislation should be interpreted to preempt state common law tort claims.  A disturbing element in this case is the willingness of the Court to give precedential effect to a case [...]
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2010-2011 Supreme Court Term: Oral Argument in Brusewitz v. Wyeth
October 29, 2010    On October 12, the Supreme Court heard oral argument in Brusewitz v. Wyeth, No. o9-152. Here is a link to the transcript of the oral argument. The issue in this case is whether the federal Vaccine Act utterly preempts design defect lawsuits against manufacturers of certain vaccines, or whether some of these lawsuits may [...]