6th Cir. Remands 2 Multi-Plaintiff Respirator Cases, Citing CAFA

CINCINNATI — The 6th Circuit U.S. Court of Appeals has reversed a Kentucky federal court’s remand of two multi-plaintiff actions targeting allegedly defective respirators manufactured and distributed by 3M and others, ruling the cases qualify as “mass actions” under the Class Action Fairness Act of 2005.

In an April 19 published opinion, the appellate panel found that by filing complaints with more than 100 co-plaintiffs, they offered to try their co-plaintiffs’ claims jointly, and offered the presence of common questions as a “ground” for pursuing a joint trial.

Kentucky coal miners Brian Adams and Charles Mounts wore respirators to protect …