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Jurisdiction Mass Action

Akin Gump Strauss Hauer & Feld LLP

Jurisdiction over Absent Class Members Following Bristol-Myers: The District Court Split Continues

• As evidenced by a recent opinion issued in the Northern District of Illinois, district courts continue to wrestle with the applicability of the U.S. Supreme Court’s ruling in Bristol-Myers Squibb Co. v. Superior Court of...more

Carlton Fields

Consolidated Cholesterol Drug Cases Lack Critical Mass for CAFA Jurisdiction

Carlton Fields on

The Central District of California district court recently weighed in on the limits of mass action jurisdiction under the Class Action Fairness Act (CAFA). The matter began as various individual state court actions alleging...more

Carlton Fields

Saved By The Bellwether Trial in the Ninth Circuit

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Removal under the “mass action” provision of the Class Action Fairness Act (CAFA) is appropriate when 100 or more plaintiffs take the affirmative step of proposing to try their claims jointly and the claims involve common...more

Carlton Fields

Ninth Circuit Strictly Construes “Single Local Event” Exception to CAFA Jurisdiction for Mass Actions

Carlton Fields on

In a recent decision, the Ninth Circuit Court of Appeals strictly construed the “single local event” exception to federal jurisdiction under CAFA as not encompassing “events or occurrences” that are of a continuing nature. ...more

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