IVC Filter Plaintiffs Did Not Seek Joint Trial Under CAFA, 9th Cir. Affirms

SAN FRANCISCO — A request for consolidation or coordination and a bellwether trial process made by the plaintiffs in eight IVC filter actions does not constitute a request for a joint trial under the Class Action Fairness Act, because they did not seek a bellwether trial that would have a preclusive effect on all cases, a federal appellate court has held.

On April 14, the 9th Circuit U.S. Court of Appeals further held that CAFA jurisdiction cannot be established where the plaintiffs clearly state they are not seeking consolidation or bellwether trials for the purposes of a single trial to …