Merrell Dow Pharmaceuticals Inc. v. Thompson case brief summary
478 U.S. 804
PROCEDURAL POSTURE: Petitioner sought review of judgment of United States Court of Appeals for Sixth Circuit reversing order denying respondents' motion to remand to state forum their consolidated cases alleging tort claims and violation of Federal Food, Drug, and Cosmetic Act, 21 U.S.C.S. § 301 et seq. (1982 ed. and Supp. III).
OVERVIEW: Respondents sued petitioner in state court. Each respondent, alleging that a child suffered birth defects due to the mother's ingestion of a drug made by petitioner, requested damages on tort theories and for violation of the Federal Food, Drug, and Cosmetic Act (FFDC), 21 U.S.C.S. § 301. Petitioner had the cases removed to federal court, the cases were consolidated, and respondents moved to remand to state court. The district court denied the motion, but the appellate court reversed. The parties agreed there was no federal cause of action for FFDC violations.
HOLDING:
On appeal, the Court held that federal question jurisdiction was lacking because a complaint using a federal statute as an element of a state cause of action, when there was no private federal cause of action under the statute, did not state a claim arising under federal law. The judgment was affirmed.
OUTCOME: The Court affirmed judgment reversing order denying motion to remand to state forum where federal question jurisdiction was lacking because complaint using federal statute as element of state cause of action, when there was no private federal cause of action under statute, did not state claim arising under federal law.
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478 U.S. 804
PROCEDURAL POSTURE: Petitioner sought review of judgment of United States Court of Appeals for Sixth Circuit reversing order denying respondents' motion to remand to state forum their consolidated cases alleging tort claims and violation of Federal Food, Drug, and Cosmetic Act, 21 U.S.C.S. § 301 et seq. (1982 ed. and Supp. III).
OVERVIEW: Respondents sued petitioner in state court. Each respondent, alleging that a child suffered birth defects due to the mother's ingestion of a drug made by petitioner, requested damages on tort theories and for violation of the Federal Food, Drug, and Cosmetic Act (FFDC), 21 U.S.C.S. § 301. Petitioner had the cases removed to federal court, the cases were consolidated, and respondents moved to remand to state court. The district court denied the motion, but the appellate court reversed. The parties agreed there was no federal cause of action for FFDC violations.
HOLDING:
On appeal, the Court held that federal question jurisdiction was lacking because a complaint using a federal statute as an element of a state cause of action, when there was no private federal cause of action under the statute, did not state a claim arising under federal law. The judgment was affirmed.
OUTCOME: The Court affirmed judgment reversing order denying motion to remand to state forum where federal question jurisdiction was lacking because complaint using federal statute as element of state cause of action, when there was no private federal cause of action under statute, did not state claim arising under federal law.
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Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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