Merrell Dow Pharm., Inc. v. Thompson

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
Merrell Dow Pharm., Inc. v. Thompson
Court U.S. Supreme Court
Citation 478 U.S. 804 (1986)
Date decided 1986

Facts: Merrell sold a product called Bendectin, which allegedly caused birth defects to the children of the Thompsons and the MacTavishes. They filed complaints against Merrell.

Procedural History: Merrell filed a petition for removal from state to federal court. Plaintiffs filed to remand back to state forum on the ground that the court lacked subject matter jurisdiction. District Court held that complaint alleged a cause of action arising under federal law, and denied motion to remand. Court of Appeals reversed.

Issue: Whether the claim arises under federal law and thus establishes federal jurisdiction. Could the plaintiffs originally have filed in federal court as a federal question action?

Holding: No jurisdiction.

Judgment: Affirmed.