Legal Opinion
In re Darvocet, Darvon & Propoxyphene Products Liability Litigation
United States Judicial Panel on Multidistrict Litigation
Decided April 17, 2013No. MDL No. 2226PublishedCited by 2 opinions
1Opinion of the Court
TRANSFER ORDER
JOHN G. HEYBURN II, Chairman.
Before the Panel: Pursuant to Panel Rule 7. 1, plaintiffs in three actions listed on Schedule A move to vacate our order that conditionally transferred their actions to MDL No. 2226. Responding defendant Eli Lilly & Co. (Eli Lilly) supports the motions to the extent that they are based on the argument that each action was removed as a “mass action” under the Class Action Fairness Act of 2005 (CAFA) and, therefore, cannot be transferred by the Panel without the request of a majority of the plaintiffs in each. See 28 U.S.C. § 1332(d)(ll)(C)(i). Eli…
2Cases cited20 opinions
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Blum v. StensonSupreme Court of the United States · 1984
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Morton v. MancariSupreme Court of the United States · 1974
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3Cited by2 opinions
- In re State Farm Lloyds Hidalgo County Hail Storm LitigationTexas Judicial Panel on Multidistrict Litigation · 2014
- Bowen v. McKesson Corp.District Court, E.D. Kentucky · 2015