September 9, 2008
Interesting District Court Holding on Preemption by Vaccine Act. The article about the case is here, and begins:
A Philadelphia judge has ruled that a federal law governing the liability of pharmaceutical companies for drug vaccines pre-empts state tort claims of design defect and failure to warn in the products liability case of an 11-year-old boy who has autism.
In an apparent case of first impression, Philadelphia Common Pleas Judge Arnold L. New wrote an Aug. 27 opinion required under Pennsylvania Rule of Appellate Procedure 1925 to affirm his decision to grant summary judgment in favor of pharmaceutical defendants Aventis Pasteur Inc., Merck & Co. Inc. and Wyeth in Wright v. Aventis Pasteur.
Judicial Nominees Wait Nearly a Year for Confirmation. The WSJ has an interesting op ed here.
Anti-chain Zoning Law Violates Dormant Commerce Clause. There's an article from, of all places, Macon.com (formerly home to the Macon Whoopee hockey team) here, and the two opinions in Cachia v. Islamorada, Village of Islands, __ F.3d ___ (11th Cir. 2008), on different issues are here, and here.
September 8, 2008
Meaning is Plain to Two Circuits ... but a Circuit Split
Love this: "Although they agree that
the plain language of the statute resolves the dispute, they
reach directly opposite conclusions." Bodine v. Graco, __ F.3d __ (9th Cir. 2008) (citing Owens v. Samkle Auto. Inc., 425 F.3d 1318 (11th Cir. 2005) (per curiam); Ioffe v. Skokie Motor Sales, Inc., 414 F.3d 708 (7th Cir. 2005).
The issue? Whether the Motor Vehicle Information and Cost Savings Act (“the Odometer Act” or “the Act”), 49 U.S.C. §§ 32701-32711, and its implementing regulations, 49 C.F.R. pt. 580, allow a private right of action where the fraud relates to something other than the vehicle’s mileage, such as its accident history.
Interesting fun read.