Federal courts don’t have jurisdiction over a state tort case even if the defendants are relying on federal regulations as the centerpiece of their defenses, a U.S. district judge has ruled.
“Federal jurisdiction cannot be based solely on the presence of a federal issue raised in a defense,” Judge William H. Yohn Jr. wrote in Howard Medical Inc. v. Temple University Hospital, PICS Case No. 02-0142 (E.D. Pa. Feb. 1, 2002) Yohn, J. (11 pages).
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