[DOWNLOAD] "Mills v. Warner Lambert Co." by In the Court of Appeals Fifth District of Texas at Dallas " Book PDF Kindle ePub Free
eBook details
- Title: Mills v. Warner Lambert Co.
- Author : In the Court of Appeals Fifth District of Texas at Dallas
- Release Date : January 11, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This case involves an interlocutory appeal of a class-certification order. The primary issue is whether the portions of the Federal Food, Drug, and Cosmetic Act (FDCA) regulating nonprescription drugs deprived the trial court of subject matter jurisdiction to hear claims regarding the efficacy of certain head-lice remedies. The court of appeals concluded that the FDCA preempted the classs state-law claims and deprived the trial court of jurisdiction to enter its class-certification order. We disagree with the court of appeals conclusion that the trial court lacked subject matter jurisdiction. Ordinary preemption operates as an affirmative defense to a plaintiffs state-law claims but does not deprive state courts of jurisdiction over those claims. State-court jurisdiction is affected only when Congress requires that claims be addressed exclusively in a federal forum. See San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236, 242-45 (1959).