Propoxyphene Cases Were Properly Removed to Federal Court Under CAFA, 9th Cir. Majority Rules

SAN FRANCISCO — A majority of a federal appeals court sitting en banc has held that plaintiffs’ petitions to coordinate their propoxyphene cases constitute a request for a joint trial, therefore defendants’ removal of the litigation to federal court was proper under the Class Action Fairness Act.

In addressing this issue of first impression in California, the majority noted the plaintiffs seek coordination of their cases “for all purposes,” which, the majority reasoned, must include trial purposes. CAFA extends federal removal jurisdiction for mass actions in which "monetary relief claims of 100 or more persons are proposed to be tried …