MERRELL DOW PHARMACEUTICALS v. THOMPSON

Facts: In a suit for negligence for improperly labeling a prenatal drug, in violation of a federal statute, Merrell Dow (D) attempts to obtain federal-question jurisdiction.

Rule: Federal Question Jurisdiction over a state cause of action is appropriate only if the state claim involves an essential federal element for which congress intended to grant a federal remedy.

Analysis:  A case may “arise under”  the Constitution of laws of the U.S. in two ways:

1). Federal law itself creates a cause of action

2).Where the vindication of a right under state law necessarily turns on some construction of federal law.

In this case, the mere presence of a federal issue as an element of a state tort does not warrant federal jurisdiction.