STORY FROM: Hip & Knee Implant Litigation

4th Cir. Addresses Federal Question Jurisdiction in Essure Case

ASHEVILLE, N.C. — The 4th Circuit U.S. Court of Appeals has reinstated an Essure birth control case, ruling that the federal district court that dismissed the case on preemption grounds lacked jurisdiction because the claims did not “necessarily raise” disputed federal issues as required by 28 U.S.C. § 1441.

In a March 14 published opinion, the appellate court explained that the plaintiffs plaintiffs can establish all the necessary elements for most of their theories of liability “entirely independently of federal law.” As such, North Carolina state courts must decide the merits of the case, the appellate court concluded.

In December ...

Associated Law Firms
Fleming Nolen & Jez
Goldstein & Russell
Sidley Austin

Associated Documents
Opinion



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