This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

U.S. Court of Appeals for the 9th Circuit

Feb. 12, 2014

9th Circuit to reconsider whether drug lawsuit belongs in state court

Legal observers said plaintiffs, in seeking to keep the case in state court, may have tripped over a California civil procedure rule designed to coordinate such cases.


By John Roemer


Daily Journal Staff Writer


Class and mass action lawyers for both the plaintiff and defense had better be careful what they seek.


That was the lesson of Monday's announcement from the 9th U.S. Circuit Court of Appeals that it has voted to rehear en banc a September ruling by a three-judge panel returning to state court a potential mass action over the pain drug propoxyphene, sold under Darvon and other brand names.


...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up