Ameritox, Ltd. v. Millennium Laboratories, Inc.

TJOFLAT, Circuit Judge:

In this three-year high-stakes litigation — a case that “[t]he [medical] industry is watching,” Ameritox assured the jury— the parties tried various state statutory and common law unfair competition claims predicated upon the alleged violation of two federal statutes that provide no private right of action. The parties, however, did not realize that it was an open question whether or not any of the nine states involved would permit the commandeering of state law to create a right of action where none existed. A district court sitting in diversity and faced with such a…