Moore v. McKesson Corporation et al

Filing 34

ORDER GRANTING MOTION TO REMAND. Signed by Judge Chhabria on 8/11/2017. (vclc3S, COURT STAFF) (Filed on 8/11/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

TOMMY MOORE,

Case No. 17-cv-03784-VC

Plaintiff,
ORDER GRANTING MOTION TO
REMAND

v.
MCKESSON CORPORATION, et al.,

Re: Dkt. Nos. 15, 18, 28

Defendants.

Under the standard "three-step approach," the remand motion is appropriate to resolve
immediately, rather than staying for the JPML. See Conroy v. Fresh Del Monte Produce, Inc.,
325 F. Supp. 2d 1049, 1053 (N.D. Cal. 2004). And the case clearly must be remanded. Even
assuming this case satisfies the first two prongs of Grable – and there's reason to doubt that it
does – the next two prongs are obvious barriers to federal question jurisdiction. Grable & Sons
Metal Prod., Inc. v. Darue Eng'g & Mfg., 545 U.S. 308, 314 (2005). Congress's deference to
state law and state courts on actions dealing with FDA-regulated products demonstrates that
Congress had no affirmative intention of federalizing the entire category of cases into which this
dispute falls. See, e.g., Johnson v. Bayer Corp., No. 4:16-cv-729 (CEJ), 2016 WL 3015187, at
*3 (E.D. Mo. May 26, 2016); People v. Monster Beverage Corp., No. 13-cv-2500-PJH, 2013
WL 5273000, at *1 (N.D. Cal. Sept. 18, 2013); Oregon ex rel. Kroger v. Johnson & Johnson,
832 F. Supp. 2d 1250, 1257-58 (D. Or. 2011); cf. In re: Roundup Products Liability Litigation,
No. 16-md-2741-VC, 2017 WL 3129098, at *1 (N.D. Cal. July 5, 2017). Moore's motion is
granted, and this case is remanded to San Francisco Superior Court.
IT IS SO ORDERED.

Dated: August 11, 2017
______________________________________
VINCE CHHABRIA
United States District Judge

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