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THOMPSON v. MERRELL DOW PHARMACEUTICALS, INC.

No. 84-3418.

766 F.2d 1005 (1985)

Larry James Christopher THOMPSON, et al., Plaintiffs-Appellants, v. MERRELL DOW PHARMACEUTICALS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 15, 1985.

Attorney(s) appearing for the Case

George A. Kokus (argued), Cohen and Kokus, Miami, Fla., Stanley M. Chesley, Waite, Schneider, Bayless and Chesley, Co., L.P.A., Cincinnati, Ohio, Allen T. Eaton, Washington, D.C., for plaintiffs-appellants.

Frank C. Woodside, III (LC) (argued), Cincinnati, Ohio, Christine L. McBroom, Peter N. Perretti, Jr. (argued), Riker, Danzig, Scherer & Hyland, Morristown, N.J., for defendant-appellee.

Before JONES and KRUPANSKY, Circuit Judges, and HULL, Chief District Judge.

NATHANIEL R. JONES, Circuit Judge.

This appeal presents the issue of whether actions filed in state court are properly removable to federal court if the complaints allege in part that the defendant violated the Food, Drug and Cosmetic Act and that this violation constituted "a rebuttable presumption of negligence." Plaintiffs-appellants contend that these cases presented no federal question upon which removal could be properly based. We agree and reverse and remand...

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