Corber v. Xanodyne Pharmaceuticals, Inc.

771 F.3d 1218 (2014)

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Corber v. Xanodyne Pharmaceuticals, Inc.

United States Court of Appeals for the Ninth Circuit
771 F.3d 1218 (2014)

Facts

Consumers of the painkiller propoxyphene (consumers) (plaintiffs) sued Xanodyne Pharmaceuticals, Inc. (Xanodyne) and Teva Pharmaceuticals USA, Inc. (Teva) (defendants) for injuries the consumers allegedly sustained after ingesting the drug. By 2012, dozens of propoxyphene-related actions were pending in California, and a group of attorneys representing the consumers petitioned the California Judicial Council to establish coordinated proceedings under California procedural rules. The petition sought coordination under a single judge for all purposes with the intent to avoid duplicative or inconsistent orders or judgments. Shortly after the consumers’ counsel filed their petition for coordination, counsel for Xanodyne and Teva evoked the Class Action Fairness Act to remove the cases to federal district court. The district court remanded the cases back to state court on the grounds that the consumers’ petitions for coordination did not amount to a proposal to try the actions jointly. Xanodyne and Teva appealed the order for remand, but a three-judge panel affirmed the order. The circuit court voted to rehear the case en banc.

Rule of Law

Issue

Holding and Reasoning (Gould, J.)

Dissent (Rawlinson, J.)

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