Sotomayor Sympathetic to Florida Vaccine Suit

October 29, 2010 16 comments

In verbal arguments in a vaccine case earlier this week, Justice Sonia Sotomayor seemed least inclined to rule that federal law pre-empts state lawsuits for design defects in vaccines, according to one press account.

Sotomayor isn’t always so sympathetic.

Sotomayor appeared most sympathetic to arguments advanced by lawyer David Frederick, who has developed something of a specialty arguing against federal pre-emption in the Supreme Court, the National Law Journal reports.

He, once again, opposed pre-emption in the vaccine case, Bruesewitz v. Wyeth, arguing that a federal law creating a special vaccine court does not pre-empt state design-defect suits against vaccine manufacturers. Frederick’s clients had first sought…

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