Civil Procedure Keyed to Friedenthal
Merrell Dow Pharmaceuticals Inc. v. Thompson
Plaintiffs, residents of Canada and Scotland, sued Defendants, one of whom was Merrell Dow, for negligence in Ohio stateState Court based on injuries allegedly sustained by ingesting the drug Bendectin. One of the counts alleged that the conduct was negligence per se in violating the federal Food, Drug and Cosmetic Act. Defendant filed a petition for removal to federal court claiming there was federal question jurisdiction over the cause of action because the negligence per se count “arose” from federal law. The case was removed to federal court. Plaintiffs filed a motion to remand back to state court, which was denied. The federal court granted Defendants’ motion to dismiss for forum non conveniens. The Court of Appeals reversed, stating the action should be in state court. Defendants appealed.
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