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9th Circ. Endangers Mass Action Removal Under CAFA

Law360, New York (October 26, 2017, 12:21 PM EDT) -- One of the first considerations for plaintiffs attorneys in mass tort and product liability cases is deciding which plaintiff-friendly state court to file their cases in. It is well understood that plaintiffs attorneys tend to flock to particular venues that have acquired a reputation for applying laws and court procedures to the advantage of plaintiffs, in hopes for better results.

Congress adopted the Class Action Fairness Act of 2005 (CAFA), Pub. L. 109-2, to make it more difficult for plaintiffs attorneys to “game the system” by...
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