CAFA Removal Allowed Where Plaintiffs’ Petition for Coordination of Actions Constitutes Proposal for Joint Trial: Ninth Circuit | Practical Law
In Corber v. Xanodyne Pharmaceuticals, Inc., the US Court of Appeals for the Ninth Circuit, held that, under the totality of the circumstances, a petition to coordinate actions under Section 404 of California Code of Civil Procedure constitutes a proposal for the actions to be tried jointly and renders those actions a removable "mass action" subject to federal jurisdiction under the Class Action Fairness Act (CAFA).