SB277 Whitlow lawsuit withdrawn from Federal Court

On 31 August 2016, the plaintiffs in Whitlow v. State of California withdrew their lawsuit from federal court. To remind readers, the judge dismissed their motion for preliminary judgment on Friday, 26 August 2016. That bears repeating – the Whitlow lawsuit to shut down California SB277 was withdrawn by the plaintiffs.

In their withdrawal request, the paintiffs said:

[infobox icon=”quote-left”]NOTICE IS HEREBY GIVEN that, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), all Plaintiffs hereby voluntarily dismiss the above captioned action, without prejudice, as to all Defendants, and without further notice. As grounds therefor, Plaintiffs state that no Defendant has filed an answer or a motion for summary judgment. The parties shall bear their respective costs.[/infobox]

What this means is that for now, the suit is likely going to be withdrawn. We don’t know whether it will be refiled – very possible – with what composition of plaintiffs, and what arguments. But this specific challenge to SB277 is, apparently, over.


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Dorit Rubinstein Reiss
This article is by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy and the law. 

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.