Drugmakers Argue CA's Mass Torts Program Violates Federal Law

The Ninth Circuit heard oral arguments last week on a case of first impression: does California's procedure for consolidating mass torts violate the federal Class Action Fairness Act? While two drug companies argued federal law requires mass torts be tried in federal court, the Ninth Circuit panel appeared reluctant to accept that view, The National Law Journal's Amanda Bronstad reports. The plaintiffs sought to coordinate the cases in California state court for all purposes, which violates CAFA's requirement that mass actions involving 100 or more people be consolidated in federal court except for pretrial purposes.