United States Ninth Circuit

In a consolidated appeal of five class action complaints filed by plaintiffs alleging that they suffered from pancreatic cancer due to their use of incretin-based therapies for diabetes, including those developed by defendant, the district court's dismissal of the actions is reversed and remanded where: 1) the petitions for permission to appeal were timely under 28 U.S.C. section 1453(c)(1); and 2) the cases constitute a mass action under the Class Action Fairness Act (CAFA), 28 U.S.C. section 1332(d)(11)(A), (B).

Appellate Information

• Decided 08/06/2015
• Published 08/06/2015

Judges

• Fletcher

Court

• United States Ninth Circuit

Counsel