8th Circ. Returns Boston Scientific Mesh Suits To Fed. Court
By Andrew Scurria (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 where the number of claimants would exceed the 100 required for removal under the Class...
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