United States Ninth Circuit

In an appeal from an order remanding several hundred personal injury actions to state court, the order is affirmed, where neither the parties nor the District Court proposed jointly trying the claims of all the plaintiffs, and the Class Action Fairness Act does not allow the treatment of claims joined on a defendant's motion as "mass actions."

Appellate Information

• Argued 03/10/2009
• Decided 03/27/2009
• Published 03/27/2009

Judges

• BERZON, Circuit Judge:, Before: HAWKINS, MARSHA S. BERZON and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael Brem (argued), Schirrmeister Diaz-Arrastia Brem LLP, Houston, TX;  Edwin V. Woodsome, D. Barclay Edmundson, and Andrew S. Wong, Orrick, Herrington & Sutcliffe LLP, Los Angeles, CA, for defendant-appellant The Dow Chemical Company., Raphael Metzger, Greg Coolidge, and Kathryn Darnell (argued), Metzger Law Group, Long Beach, CA, for plaintiffs-appellees Aka Raymond Tanoh, et al.