8th Circ. Returns Boston Scientific Mesh Suits To Fed. Court

Law360, New York (November 18, 2013, 3:59 PM EST) -- The Eighth Circuit on Monday overturned remand orders that sent three Boston Scientific Corp. transvaginal mesh injury cases to Missouri state court, ruling the plaintiffs' implicit request for a joint trial activated federal jurisdiction.

A unanimous panel held that three groups of women allegedly injured by the implants had transformed the multiplaintiff state-court cases into a removable mass action by requesting that the same judge oversee their pretrial proceedings and trials.

In so doing, the plaintiffs had virtually ensured a joint trial through a bellwether structure...
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Case Information

Case Title

Dawn Atwell, et al v. Boston Scientific Corporation


Case Number

13-8031

Court

Appellate - 8th Circuit

Nature of Suit

Date Filed

September 6, 2013


Case Title

Althea Evans, et al v. Boston Scientific Corporation


Case Number

13-8032

Court

Appellate - 8th Circuit

Nature of Suit

Date Filed

September 6, 2013


Case Title

Laura Taylor, et al v. Boston Scientific Corporation


Case Number

13-8033

Court

Appellate - 8th Circuit

Nature of Suit

Date Filed

September 6, 2013

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