Ninth Circuit Rejects CAFA Removal Bid in Teva Pain Drug Cases
In a rare win for plaintiffs involving the Class Action Fairness Act, the Ninth Circuit ruled that a mass pharmaceutical action involving hundreds of individual plaintiffs can stay in a California state court over the objections of defendant Teva, the U.S. Chamber of Commerce, and a dissenting judge.
By Scott Graham|September 24, 2013
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Scott Graham writes for The Recorder, an American Lawyer affiliate.
In a rare win for plaintiffs involving the Class Action Fairness Act, the U.S. Court of Appeals for the Ninth Circuit ruled Tuesday that a mass pharmaceutical action involving hundreds of individual plaintiffs can stay in a California state court, notwithstanding the objections of defendant Teva Pharmaceuticals USA, amicus U.S. Chamber of Commerce, and a dissenting judge.
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.
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