Williamson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDREW WILLIAMSON, et al., Case No. 20-cv-06695-JSC

Plaintiffs,

ORDER REMANDING ACTION TO

v. STATE COURT FOR LACK OF

SUBJECT MATTER JURISDICTION

GENENTECH, INC., et al., Defendants.

12 Plaintiffs challenge Genentech’s sale of prescription drugs in single-dose vials under California’s Unfair Competition Law (UCL), California Business and Professions Code § 17200. The Court previously remanded the action for lack of subject matter jurisdiction because Plaintiff Andrew Williamson, who alleged that Genentech’s use of single-dose vials resulted in waste, failed to demonstrate Article III standing as he had not alleged a concrete injury. Williamson then joined his insurer, Blue Cross Blue Shield of Kansas City as a plaintiff, and Genentech again removed the action to this Court under the Class Action Fairness Act. Genentech then moved to dismiss the Third Amended Complaint as preempted by federal law, barred by California’s judicial-abstention…