In re Johnson & Johnson
- Case Date: 1/17/2014
- Project Name: Class Action Reform
On April 11, 2014, the U.S. Court of Appeals for the Tenth Circuit declined to give its full blessing to efforts by out-of-state defendants to remove lawsuits from state court to federal court when the suits involves numerous plaintiffs. But the court’s opinion indicated its belief that this case, involving hundreds of plaintiffs raising identical claims, would likely make its way back to federal court eventually. The decision was a partial setback for WLF, which filed a brief urging the appeals court to permit the case to remain in federal court. WLF argued that a district judge’s order remanding a tort suit to state court was inconsistent with the Class Action Fairness Act (CAFA), a federal law designed to permit removal of large class action and “mass action” lawsuits into federal court. The appeals court balked, noting that at least for now, the plaintiffs remained divided into groups of less than 100 individuals per case, the numerical threshold for removal under CAFA.
More Information and Downloads:
1/17/2014: Download the Brief