Justine Briggs v. Merck Sharp & Dohme
Court of Appeals for the Ninth Circuit
1Opinion of the Court
W. FLETCHER, Circuit Judge:
The Class Action Fairness Act (“CAFA”), Pub.L. No. 109-2, 119 Stat. 4 (2005), authorizes the removal to federal court of “mass actions.” 28 U.S.C. § 1332(d)(ll)(A), (B). “Mass actions” are civil actions in which “monetary relief claims of 100 or more persons are proposed to be tried jointly on the ground that the plaintiffs’ claims involve common questions of law or fact.” Id. § 1332(d)(ll)(B)(i). The statute excludes from the “mass action” definition actions in which “the claims are joined upon motion of a defendant,” id. § 1332(d)(ll)(B)(ii)(II), or in which “the…
2Cases cited20 opinions
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- Nevada v. Bank of America Corp.Court of Appeals for the Ninth Circuit · 2012
- United States v. DieterSupreme Court of the United States · 1976
- United States v. HealySupreme Court of the United States · 1964
- United States v. IbarraSupreme Court of the United States · 1991
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- Warren Lester v. Exxon Mobil Corporation, eCourt of Appeals for the Fifth Circuit · 2018
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