Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. Thompson

92 L. Ed. 2d 650 · Supreme Court of the United States · 1986

Facts

Respondents, residents of Canada and Scotland, sued Merrell Dow in Ohio state court, alleging their children were born with deformities due to mothers' ingestion of the drug Bendectin. Their complaint included common-law tort claims and a claim that Bendectin was "misbranded" in violation of the Federal Food, Drug, and Cosmetic Act (FDCA), which they asserted constituted a rebuttable presumption of negligence and proximate cause of injury. Merrell Dow removed the case to federal court, arguing federal question jurisdiction.

Procedural history

The respondents initially filed their complaints in an Ohio state court. Petitioner Merrell Dow removed the case to Federal District Court, claiming federal-question jurisdiction. The District Court denied respondents' motion to remand and subsequently dismissed the case on forum non conveniens grounds. The Court of Appeals for the Sixth Circuit reversed, finding no federal-question jurisdiction. The Supreme Court granted certiorari and affirmed the Court of Appeals' decision.

Issue

Does a state-law private action, which incorporates a federal standard (like the FDCA) as an element of a state tort claim, create federal question jurisdiction under 28 U.S.C. § 1331, when Congress has indicated there is no federal private right of action for violations of that federal standard?

Holding

No. A complaint alleging a violation of a federal statute as an element of a state cause of action does not state a claim "arising under" federal law if Congress has determined there should be no private, federal cause of action for that violation. The Court affirmed the Court of Appeals' decision to remand the case to state court.

Rule

Federal question jurisdiction under 28 U.S.C. § 1331 for a state-law claim incorporating a federal standard requires a "substantial, disputed question of federal law" that is a "necessary element" of the state claim. However, if Congress has precluded a private federal remedy for violations of that federal standard, the federal issue in the state claim is not sufficiently "substantial" to confer federal question jurisdiction.

Read the full opinion on CourtListener

Case brief last reviewed . Prepared by CaseReader from the published opinion.