STORY FROM: Drugs & Medical Devices

Tenn. Dexcom Glucose Monitoring System Case Remanded for Lack of Jurisdiction

NASHVILLE, Tenn. — A Tennessee federal judge has remanded a glucose monitoring system case for lack of federal question jurisdiction, ruling that the question of whether Dexcom Inc. complied with federal law in its manufacture and sale of the device is not a central issue to the case.

In a Jan. 23 order, Judge Eli Richardson of the U.S. District Court for the Middle District of Tennessee further held that Dexcom’s preemption defense does not create federal question jurisdiction because under the “well-pleaded complaint” rule, a case may not be removed to federal court on the basis of a federal ...

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Branstetter Stranch & Jennings
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