The Supreme Court of the United States announced decisions in two cases today:
Bruesewitz v. Wyeth, No. 09-152: The National Childhood Vaccine Injury Act created a no-fault compensation program to facilitate compensation for claimants who found pursuing legitimate vaccine-inflicted injuries too costly and difficult. As a quid pro quo, the Act eliminates manufacturer liability for a vaccine’s unavoidable, adverse side effects. Petitioner filed suit in state court for a vaccine-inflicted injury, alleging strict liability and liability for negligent design under state common law. The Supreme Court held today that the Act preempts all design-defect claims against vaccine manufacturers brought by plaintiffs seeking compensation for injury or death caused by a vaccine’s side effects.
The Court's decision is available here
CSX Transportation, Inc. v. Alabama Dept. of Revenue, No. 09-520: Petitioner railroad sued the Alabama Department of Revenue, claiming that its tax scheme -- which imposed sales and use taxes on railroad fuel but granted fuel exemptions for motor and water carriers -- discriminates against railroads in violation of the Railroad Revitalization and Regulatory Reform Act of 1976, which bars four forms of discriminatory taxation. Three of them deal with property taxes, and the fourth is a catch-all provision that forbids a State to “[i]mpose another tax that discriminates against a rail carrier.” The Supreme Court held today that the railroad's suit may go forward, even though it does not involve a property tax-related challenge.
The Court's decision is available here
The Supreme Court also granted review today in two cases:
Pacific Operators Offshore v. Valladolid, No. 10-507: The Outer Continental Shelf Lands Act governs those who work on oil drilling platforms and other such structures. The questions presented concern the extent to which the Act applies when an outer continental shelf worker is injured on land.
Stok & Associates v. Citibank, No. 10-514: Did respondent waive its right to insist on arbitration when it participated in a state lawsuit by filing an answer that was silent as to arbitration and by not invoking the arbitration clause until a month afterward.