STORY FROM: Drugs & Medical Devices

Federal Question Jurisdiction Lacking in Artificial Lens Case, N.Y. Federal Judge Rules

BUFFALO, N.Y. — A New York federal judge has sent an artificial lens implant case to state court, ruling that the exercise of federal question jurisdiction over the plaintiff’s state law claims would disrupt the federal-state balance contemplated by Congress under the Medical Device Amendments.

In a March 12 order, Judge Elizabeth Wolford of the U.S. District Court for the Western District of New York further found that while a federal issue is necessarily raised in the action, “is not sufficiently substantial to warrant the assertion of federal subject matter jurisdiction” because it is not important “to the federal ...

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Greenberg Traurig
Rupp Baase Plazgraf Cunningham
The Sultzer Law Group

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