M.C. Sungaila in the Daily Journal: Plaintiffs Score Win in Mass Action Venue Battle

08/12/2015

Amid perpetual tussling over where class and mass actions belong, a federal appellate panel on Thursday handed plaintiffs a win by returning a big drug case to state court...

The 9th U.S. Circuit Court of Appeal panel reversed U.S. District Judge Anthony J. Battagliaof San Diego in a mass tort involving claims that incretin-based therapies for diabetes caused pancreatic cancer. Briggs v. Merck Sharp & Dohme Corp., 2015 DJDAR 8994.

Mass torts are different from class actions. Each mass tort plaintiff appears individually, not as a represented class member...

"Collectively, Corber and Briggs demonstrate that the requisite inquiry is highly fact specific and will turn on not only the precise wording used but the overall context of the litigation," said M.C. Sungaila of Haynes & Boone LLP.

"This type of fact specific inquiry - searching for affirmative evidence of a request to jointly try the requisite number of claims - may have the effect of narrowing the circumstances in which CAFA removal will be available."

Excerpted from the Daily Journal. To read the full article, click here (subscription required).

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