United States Ninth Circuit

The district court's order remanding this case, alleging injuries related to ingestion of propoxyphene, an ingredient found in the Darvocet and Darvon pain medications, to state court, is affirmed, where: 1) the Class Action Fairness Act of 2005 (CAFA) authorizes federal removal for mass actions when monetary relief claims of 100 or more persons are proposed to be tried jointly on the ground that the plaintiffs' claims involve common questions of law or fact; 2) plaintiffs' petition for coordination for all California propoxyphene actions does not constitute a proposal to be tried jointly under CAFA; and 3) thus, this CAFA jurisdictional requirement was not met under the totality of the circumstances in this case.

Appellate Information

• Decided 09/24/2013
• Published 09/24/2013

Judges

• RAWLINSON

Court

• United States Ninth Circuit

Counsel