Complete Immunity Preemption
The U.S. Supreme Court has heard several cases in the past few years dealing with federal preemption — whether federal safety regulations preempt state tort claims. AAJ has fought against federal preemption in order to ensure individual rights are protected and that manufacturers can be held accountable for their defective products.
The Facts— Complete Immunity Preemption
AAJ's Report: Get Out of Jail Free
Pliva v. Mensing
The U.S. Supreme Court heard oral arguments on Wednesday, March 30th in Pliva v. Mensing, a case involving the right to hold a generic drug manufacturer accountable for injuries when the warning label followed the brand-name’s FDA-approved label. Gladys Mensing developed tardive dyskinesia, a severe neurological movement disorder, after taking metoclopramide, the generic version of Reglan, used to treat acid reflux.
Pliva v. Mensing was decided on June 23, 2011, in a 5-4 opinion by Justice Clarence Thomas.
The Facts—Generic Drug Immunity Post-Mensing
AAJ's statement on the decision
The Facts—Generic Drug Industry
Brief to the U.S. Supreme Court on behalf of Gladys Mensing
Brief filed by 43 state attorneys general on behalf of Gladys Mensing
Wal-Mart Stores v. DukesThe U. S. Supreme Court heard oral arguments on Tuesday, March 29th in Wal-Mart v. Dukes, a case examining the size of a class action lawsuit. Betty Dukes along with hundreds of thousands of other female employees accuse Wal-Mart of a pattern of pay and promotion discrimination across their stores. Wal-Mart claims they must sue individually, and not under a class action.
Wal-Mart v. Dukes was decided on June 20, 2011, in a 5-4 opinion by Justice Scalia.
AAJ's statement on the decision
AAJ's amicus brief, filed by the Center for Constitutional Litigation
CSX Transportation v. McBrideThe U.S. Supreme Court heard oral arguments on Monday, March 28th on CSX Transportation v. McBride, a case that looks at the burden of proof necessary to be compensated for injuries sustained while working on railroads.
CSX Transportation v. McBride was decided on June 23, 2011, in a 5-4 opinion by Justice Ginsburg.
AAJ's amicus brief, filed by the Center for Constitutional Litigation
Past U.S. Supreme Court DecisionsBruesewitz v. Wyeth (2/22/11)
AAJ’s amicus brief
Wyeth v. Levine (3/4/09)
AAJ’s amicus brief
Riegel v. Medtronic (2/20/08)
AAJ’s amicus brief
State CasesWest Virginia challenge to malpractice caps: MacDonald v. City Hospital (6/22/11)
Kansas Supreme Court upheld arbitrary caps on non-economic damages in medical negligence cases: Miller v. Johnson (10/5/12)
Illinois decision striking down caps on damages as unconstitutional: LeBron vs. Gottlieb Memorial Hospital (2/4/10)
