Over on the Drug & Device Law blog, Reed Smith partner Steven Boranian examines the Ninth Circuit Court of Appeals’ decision in Corber v. Xanodyne Pharmaceuticals, Inc. The question before the Ninth Circuit in Corber involved removal to federal court under the Class Action Fairness Act of 2005 (CAFA). Although the plaintiffs originally filed their complaints with less than 100 plaintiffs each, a later request for coordination raised the prospect that more than 100 plaintiffs were seeking to have their cases tried jointly. As Steven explains, the Ninth Circuit looked past the plaintiffs’ disclaimers that no such trial was intended, to the substance of their coordination petition and agreed the CAFA removal thresholds had been crossed. Read the full post here.
