Federal Judge Sends Emulex Complaint Against Broadcom Back to State Court

June 30, 2009

Emulex's suit accusing Broadcom of covering up a "decade of criminal behavior the likes of which has rarely been encountered in corporate America" will return to state court, thanks to a California federal judge's ruling this week. In his ruling Monday, Judge Andrew Guilford wrote, "As the Supreme Court stated in Grable, it is improper for district courts to use the mere presence of a federal issue as 'a password opening federal courts to any state action embracing a point of federal law.'"