Mutual Pharmaceutical v. Bartlett (Case 5.4 in Jennings e book)

1. Mutual Pharmaceutical v. Bartlett (Case 5.4 in Jennings e book)

Please refer to the above-named case as it appears in your e book to answer the following questions

(a) Assume for purposes of this part only that Mutual, a Pennsylvania corporation, sells its generic drug in New Hampshire. Also assume that Bartlett is a resident of Vermont. She files suit in a New Hampshire state court and Mutual Pharmaceutical files a motion to dismiss the case on jurisdictional grounds. Discuss how the court will rule and why.

(b) Assume for purposes of this part that all facts are as stated in case 5.4. On what grounds can Mutual Pharmaceutical have the case moved from the New Hampshire state Court to U.S. District Court? Explain.

(c) Did the same preemption rule as discussed in Mutual Pharmaceutical apply in Reckis v Johnson & Johnson? (see e book at Consider 5.4) Why? Explain fully.

Mutual Pharmaceutical v. Bartlett (Case 5.4 in Jennings e book)

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