United States Ninth Circuit

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Dunson v. Cordis Corp., 17-15257

In a mass action in which defendant invoked the Class Action Fairness Act of 2005 (CAFA) mass action provision as the basis for removing to federal court eight products liability suits filed against it in state court, the district court's judgment, holding that removal jurisdiction does not exist under CAFA's mass action provision and remanding the cases to state court, is affirmed where: 1) plaintiffs requested consolidation for purposes of pretrial proceedings, standing alone, does not trigger removal jurisdiction under CAFA's mass action provision; and 2) plaintiffs also requested consolidation for purposes of establishing a bellwether-trial process, but nothing they said indicated that they were referring to a bellwether trial whose results would have preclusive effect on the plaintiffs in the other cases.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/14




  • United States Ninth Circuit


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