Briggs v. Merck Sharp & Dohme

Plaintiffs alleged in five separate tort cases that they, or the deceased individuals they represent, suffered from pancreatic cancer due to their use of incretin-based therapies for diabetes, including those developed by Defendant Merck and other defendant drug companies. Merck removed to federal court under the Class Action Fairness Act, 28 U.S.C. 1332(d)(11)(A), (B), and plaintiffs moved to remand the cases. The district court denied the motions for remand and subsequent motions for reconsideration. The court held, however, that plaintiffs' petitions for permission to appeal removal to federal court were timely because a timely motion for reconsideration of an order denying or granting a motion for remand under 28 U.S.C. 1453(c)(1) restarts the ten-day period during which a party may file a petition for permission to appeal. The court further held that in none of the five cases did plaintiffs propose that the claims of one hundred or more persons be tried jointly and therefore, the cases do not constitute a mass action under CAFA. Accordingly, the court reversed and remanded with instructions to grant plaintiffs' motions to remand. View "Briggs v. Merck Sharp & Dohme" on Justia Law