Dunson v. Cordis Corp.
- Case Date: 3/2/2017
- Project Name: Class Action Reform
On April 14, 2017, the U.S. Court of Appeals for the Ninth Circuit issued a ruling that narrowly construed the right of defendants to remove cases from state to federal court under the Class Action Fairness Act (CAFA). CAFA permits removal of “mass actions”—lawsuits that involve 100+ plaintiffs. In order to prevent removal, plaintiffs’ lawyers divided up their several-hundred plaintiffs into multiple lawsuits, each with fewer than 100 plaintiffs. The appeals court’s ruling—that CAFA did not permit removal—was a setback for WLF, which filed a brief supporting removal rights. WLF argued that the claims should be deemed part of a single lawsuit for purposes of CAFA because the plaintiffs, after filing multiple lawsuits, noted that the suits raised virtually identical claims against a single defendant and thus requested that they be consolidated. The appeals court disagreed with WLF, ruling that removal is improper unless the plaintiffs ask that all claims be tried simultaneously.
More Information and Downloads:
3/2/2017: Download the Brief