Will Bode

We're going to do some of this at Stanford in the class we're going to. Are we? Well, yeah, but not in the podcast.

We're going to do some of this at Stanford in the class we're going to. Are we? Well, yeah, but not in the podcast.

I thought so. I know because Steve Sachs wrote the piece on it in the Supreme Court review, and that edition has already been published. And we're still publishing the one for last term.

I thought so. I know because Steve Sachs wrote the piece on it in the Supreme Court review, and that edition has already been published. And we're still publishing the one for last term.

Am I right about that?

Am I right about that?

And these are both cases that are plaintiff friendly jurisdiction procedure type questions on sort of formalist grounds. Yeah. Is it a formalist arguments that help the little guy? Yeah. on kind of technical questions of jurisdiction and procedure. So the underlying case is actually kind of fun. It involves dog food fraud.

And these are both cases that are plaintiff friendly jurisdiction procedure type questions on sort of formalist grounds. Yeah. Is it a formalist arguments that help the little guy? Yeah. on kind of technical questions of jurisdiction and procedure. So the underlying case is actually kind of fun. It involves dog food fraud.

It involves these companies that sell so-called prescription dog food for pets with various ailments.

It involves these companies that sell so-called prescription dog food for pets with various ailments.

To clarify, the scheme is basically, there's no actual law. This is a prescription to buy the dog food. The companies just decide to tell you that they want you to get a prescription before you buy the dog food so that you'll feel like it's fancier and then pay a lot of money for it. You can buy the same dog from other people without a prescription.

To clarify, the scheme is basically, there's no actual law. This is a prescription to buy the dog food. The companies just decide to tell you that they want you to get a prescription before you buy the dog food so that you'll feel like it's fancier and then pay a lot of money for it. You can buy the same dog from other people without a prescription.

Right. Yeah. And what's interesting about that is when you try to bring a lawsuit about it, your suit has a mix of some state law stuff and some federal law stuff. It's fundamentally a state law fraud claim. But one of the pieces of evidence, one of the pieces of the claim are various violations of federal law, the federal FDCA and various regulations.

Right. Yeah. And what's interesting about that is when you try to bring a lawsuit about it, your suit has a mix of some state law stuff and some federal law stuff. It's fundamentally a state law fraud claim. But one of the pieces of evidence, one of the pieces of the claim are various violations of federal law, the federal FDCA and various regulations.

So the complaint in this case originally alleges state law fraud. Yeah. in state court, but that has a bunch of federal law-y stuff in it.

So the complaint in this case originally alleges state law fraud. Yeah. in state court, but that has a bunch of federal law-y stuff in it.

The court seems to gloss... Well, they're clearly not independent federal law claims because there's no federal cause of action. But there's some federal law stuff there.

The court seems to gloss... Well, they're clearly not independent federal law claims because there's no federal cause of action. But there's some federal law stuff there.

And so under a case called Grable, which we can talk about in a second, but sort of fades away from the case, sometimes when you have a state law claim that has some federal law stuff in it, some federal law ingredients, sometimes that makes it into a federal law claim.

And so under a case called Grable, which we can talk about in a second, but sort of fades away from the case, sometimes when you have a state law claim that has some federal law stuff in it, some federal law ingredients, sometimes that makes it into a federal law claim.