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www.scotusblog.com/case-files/cases/bruesewitz-v-wyeth

Holding: 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. (Kagan, J., recused.) Plain English Holding: The National ...

caselaw.findlaw.com/us-supreme-court/09-152.html

It granted Wyeth summary judgment, holding that the relevant Pennsylvania law was preempted by 42 U. S. C. §300aa-22(b)(1), which provides that "[n]o vaccine ..... See Garcia v. United States, 469 U. S. 70, 76 (1984) ("[T]he authoritative source for finding the Legislature's intent lies in the Committee Reports on the bill ").

canliiconnects.org/en/summaries/25465

Mar 20, 2014 ... 28 ('CJPTA'), imposed a mandatory presumption of jurisdiction if the pleadings met basic requirements set out in s. 10: Stanway v. Wyeth Pharmaceuticals Inc., 2009 BCCA 592. In this case, the Respondent had pleaded two bases of jurisdiction under CJPTA: that the tort was committed in British Columbia, ...

www.ca6.uscourts.gov/opinions.pdf/13a0065p-06.pdf

Mar 13, 2013 ... Wyeth v. Levine, 555 U.S. 555 (2009). In 2011, however, the Court held that such suits could not go forward against generic drug manufacturers, as it is ..... See Garcia v. Wyeth-Ayerst Labs., 385 F.3d 961, 966 (6th Cir. 2004) (fraud exception to state-law immunity for FDA-approved drugs not preempted, ...

www.duanemorris.com/articles/static/ferrellinjlawjourn120505.pdf

Dec 5, 2005 ... In Perez v. Wyeth Laboratories, Inc.,. 161 N.J. 1 (1999), the New Jersey. Supreme Court held that a cause of action could exist against a pharmaceu- .... Garcia v. Wyeth-Ayerst Labs., 385 F.3d. 961 (6th Cir. 2004) (Buckman pre-empt- ed fraud- on-the-FDA claim asserted based on statutory exception to drug.

www.druganddevicelawblog.com/2017/12/michigan-strikes-back-in-pennsylvania.html

1 day ago ... Smithkline Beecham Corp., 658 N.W.2d 127 (Mich. 2003), basically said the legislature can enact a law like that and the immunity on drug manufacturers was as broad as it seemed. (This guest post provides a nice history.) Other decisions followed, like Garcia v. Wyeth-Ayerst Labs., 385 F.3d 961 (6th Cir.

www.druganddevicelawblog.com

Other decisions followed, like Garcia v. Wyeth-Ayerst Labs., 385 F.3d 961 (6th Cir . 2004), and Desiano v. Warner-Lambert & Co., 467 F.3d 85, 98 (2d Cir. 2006), aff 'd by equally divided court, 552 U.S. 440 (2008), coming down on opposite sides of the issue of whether the first exception—the defendant “before the event that ...

www.packaginglaw.com/special-focus/wyeth-v-levine-%E2%80%93-us-supreme-court-rejects-fda-preemption-pharmaceutical-cases

May 12, 2009 ... [31] This ruling contrasted with the Sixth Circuit case of Garcia v. Wyeth-Ayerst Laboratories, which reached the opposite result when it interpreted the same Michigan statute.[32] Yet in March 2008, the Supreme Court failed to provide clarity on the Circuit split. With Chief Justice Roberts having to recuse ...

www.spilmanlaw.com/media%20content/media-content/documents/preemption-developments.pdf

In 2004, the Sixth Circuit issued an opinion in Garcia v. Wyeth-Ayerst Labs, holding that the Michigan exception was impliedly preempted by the FDCA and MDA to the extent it injected proof of fraud-on-the-FDA as a necessary element of liability under Michigan tort law. Garcia v. Wyeth-Ayerst Labs., 385 F.3d 961, 966- 67 ...