Burrell v. Bayer Corp. (P)

In this North Carolina personal-injury suit, the plaintiff’s claims seeking damages for violation of state tort and products-liability law do not fall within the small class of cases in which state-law claims arise under federal law for purpose of federal-question jurisdiction.

Although the plaintiffs’ claims necessarily implicate significant questions regarding Bayer’s compliance with federal regulations, North Carolina courts are fully capable of applying federal preemption law in this highly-regulated area, ensuring that the plaintiffs may recover only for violations of state-law duties that parallel rather than add to Bayer’s federal regulatory obligations.

Vacated and remanded.

Burrell v. Bayer Corp. (P), No. 17-1715, Mar. 14, 2019. 4th Cir. (Harris) from WDNC at Asheville (Cogburn).



Categories: 4th U.S. Circuit Court of Appeals, Opinions, Published

Tags: , ,

%d bloggers like this: