Cozen O’Connor: 8th Circ. Suggests More Mass Torts May Be Removable [Law360]

8th Circ. Suggests More Mass Torts May Be Removable [Law360]

The Eighth Circuit recently upheld the removal to federal court of product liability claims filed by over 100 plaintiffs in state court in St. Louis. See Atwell v. Boston Scientific Corp., 2013 (8th Cir. Nov. 18, 2013). The decision illustrates how plaintiffs’ requests to coordinate multiple cases can sometimes sweep “mass tort” cases filed in state court right into federal court as a “mass action” under the Class Action Fairness Act of 2005. This is no small shift in a litigation, and so Atwell provides a helpful background on some of the characteristics of a plaintiff coordination proposal that can trigger such CAFA removal.

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