US Supreme Court grants cert. in 3 cases

via Scotusblog,

The Court has granted cert. in three cases,  NASA v. Nelson (09-320), Snyder v. Phillips (09-751), and Bruesewitz v. Wyeth (09-152). 

Title: Bruesewitz v. Wyeth
Docket: 09-152
Issue: Whether Section 22(b)(1) of the National Childhood Vaccine Injury Act of 1986 -- which expressly preempts certain design defect claims against vaccine manufacturers "if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warning" -- preempts all vaccine design defect claims, regardless whether the vaccine's side effects were unavoidable.

• Opinion below (3d Circuit)
• Petition for certiorari
• Brief in opposition
• Supplemental brief addressed to the amicus brief of the United States in American Home Products Corp. v. Ferrari
• Amicus brief of the National Vaccine Information Center

Title: Snyder v. Phelps
Docket: 09-751
Issue: (1) Whether the prohibition of awarding damages to public figures to compensate for the intentional infliction of emotional distress, under the Supreme Court's First Amendment precedents, applies to a case involving two private persons regarding a private matter; (2) whether the freedom of speech guaranteed by the First Amendment trumps its freedom of religion and peaceful assembly; and (3) whether an individual attending a family member's funeral constitutes a "captive audience" who is entitled to state protection from unwanted communication.

• Opinion below (4th Circuit)
• Petition for certiorari
• Brief in opposition

Title: National Aeronautics and Space Administration v. Nelson
Docket: 09-530
Issues: Whether the government violates a federal contract employee's constitutional right to informational privacy by (1) asking in the course of a background investigation whether the employee has received counseling or treatment for illegal drug use that has occurred within the past year and/or (2) asking the employee's designated references for any adverse information that may have a bearing on the employee's suitability for employment at a federal facility -- when the employee's and reference's responses are used only for employment purposes, and the information obtained is protected under the Privacy Act, 5 U.S.C. § 552a.

• Opinion below (9th Circuit, denial of rehearing en banc)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply