Federal Court Lacked Jurisdiction Over Essure Case, 4th Cir. Rules, Reinstating Action
March 15, 2019
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 …
- Fleming Nolen & Jez
- Goldstein & Russell
- Sidley Austin