The Tenth Circuit on Wednesday issued two published opinions and eight unpublished opinions.
In Dobbs v. Wyeth Pharmaceuticals, the Court vacated the district court’s grant of partial summary judgment to Respondent Wyeth, who Petitioner Dobbs alleged failed to warn of a suicide risk on the label of antidepressant Effexor. “After the district court’s decision, the Supreme Court established a new standard for a federal preemption defense against a failure to warn claim,” necessitating the district court to 1) afford the parties an opportunity to submit additional evidence on remand, and 2) reconsider the preemption issue in light of the new standard. See Wyeth v. Levine, 129 S. Ct. 1187, 1198 (2009), for new the standard.
In Wilkerson v. Shinseki, the Court affirmed the district court’s grant of summary judgment as to Petitioner Wilkerson’s claim of discrimination under the Rehabilitation Act; Petitioner was “deemed not ‘otherwise qualified’” for the position due to his obesity and diabetes and the VA could have made no reasonable accommodation to allow him to continue in the position. Additionally, the Court affirmed the district court’s grant of summary judgment as to Petitioner’s age discrimination claim under the ADEA due to the VA’s non-discriminatory, non-pretextual reason for Petitioner’s reassignment. Lastly, the Court affirmed the district court’s denial of Petitioner’s motion for leave to amend his complaint to allege a Privacy Act violation; the disclosure of medical records by the VA, while having an adverse effect on Petitioner, was not intentional or willful.