N.C. Federal Judge Retains Jurisdiction Over Essure Permanent Birth Control Action

ASHEVILLE, N.C. — A North Carolina federal judge has refused to remand an Essure action to state court, ruling that federal jurisdiction is proper because the action raises a federal issue that is “actually disputed, substantial, and capable of resolution in federal court without disrupting the federal-state balance.”

On March 17, Judge Max O. Cogburn Jr. of the U.S. District Court for the Western District of North Carolina concluded that it does not upset the federal-state balance to allow federally-approved medical devices to be sued for alleged safety risks and labeling defects in federal court. Moreover, the dispute is substantial …