Birth Control Suit Belongs in Federal Court, 3rd Cir. Rules, Says Plaintiffs Failed to Propose Joint Trial

PHILADELPHIA — A lawsuit alleging damages stemming from faulty packaging of birth control pills belongs in federal court because the 113 plaintiffs did not explicitly state in their complaint that they did not want their claims tried jointly pursuant to the Class Action Fairness Act.

In a March 28 precedential opinion, the 3rd Circuit U.S. Court of Appeals concluded that the language plaintiffs point to as disclaiming their intent to seek a joint trial is not sufficiently definite to prevent removal as a mass action.

A packaging error affecting a brand of Qualitest birth control pills reversed the sequence of …