On April 17, 2013, in In Re: Darvocet, Darvon and Propoxyphene Products Liability Litigation, the US Judicial Panel on Multidistrict Litigation (MDL Panel) issued an opinion finding that though "mass actions" are generally barred from transfer under the Class Action Fairness Act (CAFA), cases that have been removed on additional grounds can still be transferred despite their mass action status.

Plaintiffs in three actions alleging the harmful effects of Darvocet, Darvon and other medications containing propoxyphene moved to vacate an order by the MDL Panel that conditionally transferred the actions to the US District Court for the Eastern District of Kentucky. Each plaintiff argued against transfer on multiple grounds, including that federal jurisdiction was lacking and that their cases involved unique issues of fact. They also argued that the actions were removed as "mass actions" under CAFA, and therefore could not be transferred without the request of a majority of plaintiffs in each action. Defendant Eli Lily joined plaintiffs' mass action argument.

The MDL Panel found that the jurisdictional issues and possibility of unique facts were not enough to stop transfer. Additionally, they found that though the cases were removed as mass actions under CAFA, transfer was still appropriate. CAFA limits the MDL Panel's authority to transfer mass actions under 28 U.S.C. § 1332(d)(11)(C)(i) unless a majority of plaintiffs in the action request transfer. However, the MDL Panel found that when other grounds for removal, in addition to "mass action" status, are present, 28 U.S.C. § 1332(d)(11)(C)(i) does not restrict transfer.