Romo, et al. v. Teva Pharmaceuticals USA, Inc., No. 13-56310 (9th Cir. 2013)
Annotate this CaseThis case was one of twenty-six pending before the district court alleging injuries related to the ingestion of propoxyphene, an ingredient found in the Darvocet and Darvon pain medications, as well as their generic brand counterparts. On appeal, Teva challenged the district court's order remanding the case to state court. At issue was whether removal was proper under the "mass action" provision of the Class Action Fairness Act of 2005 (CAFA), Pub. L. N. 109-2, 119 Stat. 4, when plaintiffs moved for coordination pursuant to California Code of Civil Procedure section 404. The court affirmed the district court's order, concluding that plaintiffs' petition for coordination was not a proposal to try the cases jointly under section 1332(d)(11)(B)(i) of CAFA.
Court Description: Class Action Fairness Act. The panel affirmed the district court
The court issued a subsequent related opinion or order on February 10, 2014.
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