Mealey's Litigation Procedure - 9th Circuit Grants En Banc Rehearing of CAFA Trigger In State Darvon Cases

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Feb. 10 said it agreed to an en banc rehearing of a panel ruling that a petition to coordinate Darvon/Darvocet/propoxyphene cases in California state court is not a request for a joint trial that triggers removal to federal court under the Class Action Fairness Act (CAFA) (Judith Romo, et al. v. Teva Pharmaceuticals USA, Inc., No. 13-56310, Margalit Corber, et al. v. Xanodyne Pharmaceuticals, Inc., No. 13-56306, 9th Cir.).

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