STORY FROM: Drugs & Medical Devices

N.M. Federal Judge Remands Essure Action for Lack of Federal Question

ALBUQUERQUE, NM — A New Mexico federal judge has remanded an Essure case to state court, ruling that the action does not present a federal question essential to the resolution of the plaintiffs’ claims, which are grounded in state law.

Judge William P. Johnson of the U.S. District Court for the District of New Mexico further ruled that resolving the case in a federal court would disrupt the federal-state balance because Congress did not create an exclusively federal cause of action, even in cases under the Food, Drug and Cosmetic Act.

Danielle Romero underwent implantation of the Bayer Essure device ...

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Joel T. Newton
Modrall Sperling Roehl Harris & Sisk
Sidley Austin

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