2nd Cir. Upholds Remand of Zantac Cases to Conn. State Court

NEW YORK — A panel majority of the 2nd Circuit U.S. Court of Appeals upheld a remand of nine Zantac cases to Connecticut state court, ruling that federal subject-matter jurisdiction is lacking because the plaintiffs did not intend for their actions to be consolidated for trial.

On July 23, the majority, comprised of Judges Guido Calabresi and Alison Nathan concluded that plaintiffs’ motion to consolidate did not “propose” a joint trial; rather their actions made clear that they sought consolidation only for pretrial purposes.

In 2022, nine lawsuits were filed in the Connecticut Superior Court for the Judicial District of …