Removal of Darvon/Darvocet Action Under CAFA Was Improper, 9th Circuit Affirms

SAN FRANCISCO — Removal of a propoxyphene case to federal court was not proper because plaintiffs’ petition for pretrial coordination of similar cases was not a proposal to try the cases jointly under the Class Action Fairness Act, the majority of a 9th Circuit U.S. Court of Appeals panel has affirmed.

On Sept. 24, the majority, consisting of Justices Johnnie B. Rawlinson and Ivan L.R. Lemelle, found the petition for coordination focused on pretrial proceedings, i.e., discovery matters, rather than consolidation through trial.

This case was one of 26 pending before the U.S. District Court for the Central District of …