Removal of Darvon/Darvocet Action Under CAFA Improper, Calif. Federal Judge Rules

SAN FRANCISCO — A California federal judge has remanded a propoxyphene injury case to state court, ruling that defendants’ 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.”

On Feb. 25, Judge James Ware 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 in their petition for coordination of similar California actions, plaintiffs do not propose that the claims be tried jointly.

Several California and Oklahoma citizens sued …