MERRELL DOW PHARMACEUTICALS INC. v. THOMPSON

No. 85-619.

478 U.S. 804 (1986)

MERRELL DOW PHARMACEUTICALS INC. v. THOMPSON ET AL., AS NEXT FRIENDS AND GUARDIANS OF THOMPSON ET AL.

Supreme Court of United States.

Decided July 7, 1986


Attorney(s) appearing for the Case

Frank C. Woodside III argued the cause for petitioner. With him on the briefs was Christine L. McBroom.

Stanley M. Chesley argued the cause and filed a brief for respondents.


JUSTICE STEVENS delivered the opinion of the Court.

The question presented is whether the incorporation of a federal standard in a state-law private action, when Congress has intended that there not be a federal private action for violations of that federal standard, makes the action one "arising under the Constitution, laws, or treaties of the United States," 28 U. S. C. § 1331.

I

The Thompson respondents are residents of Canada and the MacTavishes...

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