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Whether a state court’s proposal to try jointly the claims of more than 100 plaintiffs can qualify for “mass action” removal under the Class Action Fairness Act, 28 U.S.C. § 1332(d)(11).
Click here to view the coalition brief filed jointly by the U.S. Chamber, American Tort Reform Association, National Association of Manufacturers, Pharmaceutical Research and Manufacturers of Ameriica and Product Liability Advisory Council.
The brief urges Supreme Court to grant a cert. petition concerning removability of class actions under CAFA, and either summarily reverse or grant, vacate, and remand the Ninth Circuit’s judgment, rendered without an opinion, that sua sponte state court consolidation of 100 or more cases are not removable to federal court under CAFA.
John H. Beisner, Geoffrey M. Wyatt, and Jordan M. Schwartz of Skadden, Arps, Slate, Meagher & Flom LLP served as co-counsel for the amici.