Legal Opinion

Tanoh v. Dow Chemical Co.

Court of Appeals for the Ninth Circuit

Decided September 9, 2009No. 09-55138, 09-55145, 09-55147, 09-55148, 09-55153, 09-55156, 09-55160PublishedCited by 76 opinions

1Opinion of the Court

BERZON, Circuit Judge:

We are asked to decide whether seven individual state court actions, each with fewer than one hundred plaintiffs, should be treated as one “mass action” eligible for removal to federal court under the Class Action Fairness Act of 2005 (“CAFA”), Pub.L. No. 109-2, 119 Stat. 4 (2005). CAFA extends federal removal jurisdiction only to 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.” 28 U.S.C. § 1332(d) (11) (B) (i). As neither the parties…

2Cases cited9 opinions

  1. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  2. Antonio Abrego Abrego v. The Dow Chemical Co Shell Oil Company, D/B/A Shell Chemical Company, and Shell Agricultural Chemical CompanyCourt of Appeals for the Ninth Circuit · 2006
  3. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  4. Dodd v. United StatesSupreme Court of the United States · 2005
  5. Willene Lowdermilk v. United States Bank National AssociationCourt of Appeals for the Ninth Circuit · 2007

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3Cited by76 opinions

  1. Geoffrey Scimone v. Carnival CorporationCourt of Appeals for the Eleventh Circuit · 2013
  2. Adrianne Adams v. West Marine Products, Inc.Court of Appeals for the Ninth Circuit · 2020
  3. Harvinder Singh v. American Honda Finance Corp.Court of Appeals for the Ninth Circuit · 2019
  4. United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union v. Shell Oil Co.Court of Appeals for the Ninth Circuit · 2010
  5. Carla Visendi v. Bank of America, N.A.Court of Appeals for the Ninth Circuit · 2013

71 more not listed; retrieve them via the Exa API.

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