J&J Mesh Suits Belong In Federal Court, 10th Circ. Told

Law360, New York (February 20, 2014, 9:11 PM EST) -- Johnson & Johnson told the Tenth Circuit on Wednesday that plaintiffs in nearly a dozen suits over alleged defects in pelvic mesh products are using procedural ploys to avoid qualifying as a mass action under the Class Action Fairness Act, in order to dodge federal jurisdiction.

In a brief filed with the appeals court, Johnson & Johnson and its unit Ethicon Inc. argued that that the case involved 650 plaintiffs who filed 11 separate suits, each with fewer than 100 plaintiffs, in the same state court in Oklahoma. CAFA’s “mass action” provision allows defendants to remove cases where the claims of...

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