bruesewitz v wyeth no 09 152 arg 10 12 2010 trans aud decided 02 22 2011

/in /by

Bruesewitz v. Wyeth, No. 09-152 [Arg: 10.12.2010 Trans./Aud.; Decided 02.22.2011]

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.)

A. Introduction:

1. Identify the name of the case and when it was heard before SCOTUS.

2. Identify the parties involved in the case.

3. Briefly describe the focus of the case.

B. Describe the case itself: What was the controversy in the case?

C. How did the case move through the courts before reaching SCOTUS?

1. What court had original jurisdiction in the case?

2. How had previous courts ruled in the case?

D. What did the Supreme Court rule in the case?

1. What was the argument of the majority opinion?

2. What was the argument of the minority opinion?

E. What was the reasoning used by the Supreme Court to reach its decision? How did it reach its decision?

F. Conclusion: How does the Court’s ruling in the case affect Americans today?

1. Has the Court’s ruling in the case affected other rulings in other cases?

2. Has the Court’s ruling affected the interpretation and enforcement of any particular laws, and how those laws are enforced?

3. If applicable: Has the Court’s ruling in this case affected you, or someone you know, personally?

6. Sources: Be sure to cite your sources, using sequentially numbered footnotes. That means any information you learned from another source, such as a website, a magazine article, a videotaped interview etc., must be properly noted in your essay. Make sure you use footnotes in proper BlueBook or APA citation style. Footnotes appear at the bottom of EACH page, not at the end of the document (those are endnotes). If you have questions about citations, ask your instructor prior to turning in the assignment.

 
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