Calif. Judge Remands Propoxyphene Case; Says it is Not ‘Mass Action’ Under CAFA

SAN FRANCISCO — A California federal judge has remanded a propoxyphene injury case to state court, ruling that removal to federal court under the Class Action Fairness Act was improper because the action does not meet the act’s definition of “mass action.”

Judge William Alsup of the U.S. District Court for the Northern District of California found there are not enough plaintiffs in this case to meet the definition and plaintiff’s petition for coordination of similar California actions does not propose the claims be tried jointly.

Consumers sued McKesson Corp. and various other drug makers and distributors in the San …