United States Federal Circuit
HIF Bio, Inc. v. Yung Shin Pharms. Indus. Co., Ltd., 06-1522
On remand from the Supreme Court's reversal of a decision that the Federal Circuit lacked appellate jurisdiction to review a district court's remand order that was based upon the district court's decision not to exercise supplemental jurisdiction, the remand order is now reversed where the district court abused its discretion in remanding the plaintiffs' amended complaint to California state court because two of the remanded causes of action "arise under" 28 U.S.C. 1338(a), but the district court should have dismissed these purported causes of action for failure to state a claim for which relief can be granted.
Appellate Information
- Decided 03/31/2010
- Published 03/31/2010
Judges
Court
- United States Federal Circuit