Smaller Suits Equal Better Venues For Mass Tort Plaintiffs
By Greg Ryan
Law360, New York (July 12, 2013, 8:58 PM ET) -- With the Eleventh Circuit's recent decision to side with Costa Concordia passengers in a Class Action Fairness Act removal dispute, it is now apparent that plaintiffs can easily avoid federal jurisdiction by breaking up mass actions into smaller, separate complaints — a particularly useful litigation tactic for victims of large-scale disasters.
In a July 1 ruling, the Eleventh Circuit upheld a Florida district court's decision remanding to state court two lawsuits against Carnival Corp. over the sinking of the cruise ship. A three-judge panel ruled that the...