The court ruled that a coordinated mass action involving 1,500 individual plaintiffs does not belong in federal court because the four plaintiff firms said they were joining the cases together primarily for pretrial purposes. Dissenting Judge Ronald Gould said the case is exactly the type designated for federal court, regardless of how the plaintiffs characterized it.

“The United States Supreme Court has recently pointed out there are limits to how far plaintiffs may go in structuring their complaints to avoid federal jurisdiction,” he warned in Romo v. Teva Phramaceuticals U.S.A.