STORY FROM: Benzene & Emerging Toxic Torts Litigation

Defendants Say Talc Plaintiffs Intend to Try Claims Jointly, Ask 8th Circuit to Review Jurisdiction

ST. LOUIS –– Defendants named in three talcum powder cases involving more than 200 plaintiffs have asked the 8th Circuit U.S. Court of Appeals to review a jurisdictional dispute, maintaining that the plaintiffs’ intent to try the claims jointly gave rise to federal jurisdiction under the mass action provisions of the Class Action Fairness Act.

According to a petition for leave to appeal filed Oct. 26 in the U.S. District Court for the Eastern District of Missouri, the defendants seek appellate review of whether CAFA’s mass action provision applies when more than 100 plaintiffs in three cases propose scheduling orders ...

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