September 26, 2007

You may remember the notorious Second Circuit case of Desiano v. Warner-Lambert, where the Court essentially said "We don't like the 9-0 decision in Buckman and are going to find disingenuous grounds to distinguish it." Well, the Supreme Court granted certiorari today, almost certainly so it could reverse. Such a reversal would affect other cases where lower courts have disregarded Buckman, most notably Judge Higbee's Vioxx trials in New Jersey (where she permitted a punitive damages claim forbidden by Buckman to go forward) as well as act as an affirmance for the Texas Ledbetter Vioxx ruling.