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Drugs & Biotechnology Cases

May 23, 2008 FindLaw.com Weekly Drugs & Biotechnology Newsletter
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DRUGS & BIOTECHNOLOGY CASES

  • Brittingham v. GMC
  • Dargis v. Sheahan
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DRUGS & BIOTECHNOLOGY CASES

U.S. 6th Circuit, May 16, 2008
Brittingham v. GMC, No. 06-3114
In a negligence and intentional misconduct case, summary judgment for defendants and denial of a motion to remand the case to state court is vacated and remanded where: 1) there was no federal preemption under section 301 of the Labor Management Relations Act because the collective bargaining agreement (CBA) did not impose a duty on defendant to conduct pre-employment examinations and disclose information; and 2) the district court did not have subject matter jurisdiction over the action since the plaintiff's claims were rooted in state law independent of the CBA. Read more...

U.S. 7th Circuit, May 16, 2008
Dargis v. Sheahan, No. 05-2575
In an action under the Americans with Disabilities Act and other state laws, dismissal of the claims based on a refusal to exercise supplemental jurisdiction, as well as an order directing defendant to hold a hearing on plaintiff's employment status, are affirmed where: 1) plaintiff failed to establish a prima facie case under the ADA since he could not show that he could perform the essential functions required by the position; 2) an order for a hearing is a proper remedy for a due process violation since awarding damages might produce a windfall for plaintiff; 3) a refusal to exercise supplemental jurisdiction over state law claims was proper; and 4) a motion to alter or amend the judgment was properly denied since there is no basis to do so. Read more...




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