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 where the number of claimants would exceed the 100 required for removal under the Class...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!