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Case Detail


Corber v. Xanodyne Pharmaceuticals, Inc.
On November 18, 2014, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, upheld the right of out-of-state defendants to remove lawsuits from state court to federal court when the suit involves numerous plaintiffs. The decision was a victory for WLF, which filed a brief arguing that the trial court’s decision remanding a massive product liability suit back to state court was inconsistent with the Class Action Fairness Act (CAFA), a 2005 federal law designed to permit removal of virtually all large class action lawsuits into federal court. The appeals court held that the case (filed against numerous drug manufacturers) qualified as a “mass action” and thus was subject to CAFA. Plaintiffs’ counsel sought to divide their case into separate lawsuits, each with less than 100 plaintiffs (the statutory minimum for a “mass action”). The appeals court held that CAFA removal was warranted after plaintiffs asked the state courts to coordinate their lawsuits “for all purposes.”
Case Status:
Victory.
More Information and Downloads:
8/12/2013: Download the Brief
10/18/2013: Download the Brief
10/18/2013: Download the Brief
WLF Legal Pulse:  Ninth Circuit Endorses Gaming of Class Action Fairness Act & Creates Circuit Split 
Press Release: Court Urged To Allow Nonresidents To Remove Cases To Federal Court
Litigation Update: Court Declines To Permit “Mass Action” Removal Of Cases To Federal Court
Press Release: WLF Urges Rehearing on Rights of Nonresidents To Remove Cases to Federal Court Under CAFA
Press Release: WLF Persuades Ninth Circuit to Grant Rehearing on Removal of “Mass Actions” to Federal Court
Press Release: In WLF Victory, Ninth Circuit Upholds CAFA Right to Remove Cases to Federal Court
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