Williamson

Williamson v. Genentech, Inc.

Good Law
United States District Court, Northern District of CaliforniaMarch 18, 20203:19-cv-01840California3,814 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDREW WILLIAMSON, Case No. 19-cv-01840-JSC

Plaintiff,

ORDER REMANDING ACTION TO

v. STATE COURT FOR LACK OF

SUBJECT MATTER JURISDICTION

GENENTECH, INC., et al.,

Defendants.

12 Andrew Williamson brings this action on behalf of himself and other similarly situated individuals alleging that Genentech Inc.’s sale of prescription drugs in single-dose vials results in waste of medication and violates California’s Unfair Competition Law, California Business and Professions Code § 17200 (the “UCL”). Genentech’s motion to dismiss the complaint based on federal impossibility preemption, or alternatively, based on California’s judicial-abstention doctrine or for failure to state a claim came before the Court for a hearing on November 21, 2019.1 (Dkt. No. 30.) At the hearing, the Court noted that before addressing Genentech’s motion, it must ensure that it has Article III standing to hear this action which was removed from the Superior Court for…

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