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In re Prempro Products Liability Litigation

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Submitted: September 24, 2009

Before MURPHY, BRIGHT and RILEY, Circuit Judges.

The plaintiffs, women and next-of-kin of deceased women, sued a number of manufacturers of hormone replacement therapy drugs, asserting the drugs caused breast cancer. The defendants, manufacturers of hormone replacement therapy drugs (“manufacturers”), removed the cases to federal court. The plaintiffs moved to remand to state court on the grounds that complete diversity of citizenship was lacking, thereby depriving the court of subject matter jurisdiction. The district court concluded that the plaintiffs’ claims were misjoined to defeat diversity jurisdiction, dropped the non-diverse plaintiffs, and dismissed these cases. Plaintiffs appeal, and we reverse the district court’s orders denying plaintiffs’ motions to remand and granting the manufacturers’ motions to dismiss duplicative cases.

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