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.
Cert grant in Warner-Lambert v. Kent
- SCOTUS Grants 5.5-Hour Oral Argument on Constitutionality of PPACA: What to Expect
- Obamacare SCOTUS-bound?
- Breaking: SCOTUS denies cert in Philip Morris USA v. Jackson
- Alien Tort Claims Act: Kiobel cert petition
- Around the web, March 14
- SCOTUS denies cert in Compact Clause challenge to tobacco MSA
- S&M Brands v. Caldwell
- State-hired contingent fee counsel: Atlantic Richfield Co. v. Santa Clara
- "Is it time to revisit loss causation?"
- Judicial nullification of capital punishment
- No certiorari decision yet in Wal-Mart v. Dukes
- Pella v. Saltzman
- Cert grant in Exxon case