10th Cir. Upholds Remand of Transvaginal Mesh Actions, Says They Are Not ‘Mass Action’ Under CAFA

OKLAHOMA CITY — Eleven transvaginal mesh actions that were filed in the same state court do not constitute a “mass action” under the Class Action Fairness Act for purposes of federal jurisdiction and the cases should therefore be remanded, a federal appeals court has ruled.

On April 11, the 10th Circuit U.S. Court of Appeals opined that the plaintiffs did not implicitly propose a joint trial by placing their claims before a single judge because each complaint disclaimed joinder for trial purposes.

Twelve nearly identical actions were filed against New Jersey residents Johnson & Johnson and Ethicon Inc. in the …