Burrell v. Bayer Corp.
The Fourth Circuit held that the district court erred in denying plaintiffs' motion to remand their case to state court and deciding Bayer's motion to dismiss in an action seeking damages for violations of North Carolina tort and products liability law. The court held that plaintiffs' action did not fall within the small class of cases in which state law claims may be deemed to arise under federal law for purposes of conferring federal jurisdiction under 28 U.S.C. 1331. Accordingly, the court vacated the district court's judgments and remanded with instructions that the action be remanded to North Carolina state court. View "Burrell v. Bayer Corp." on Justia Law