ATWELL v. BOSTON SCIENTIFIC CORP.

Nos. 13-8031, 13-8032, 13-8033.

740 F.3d 1160 (2013)

Dawn ATWELL, et al., Respondents v. BOSTON SCIENTIFIC CORPORATION, Petitioner. Althea Evans, et al., Respondents v. Boston Scientific Corporation, Petitioner. Laura Taylor, et al., Respondents v. Boston Scientific Corporation, Petitioner.

United States Court of Appeals, Eighth Circuit.

Filed: November 18, 2013.


Attorney(s) appearing for the Case

Gerard T. Noce , argued, St. Louis, MO, and Eric Anielak, argued, Kansas City, MO, for Petitioner Boston Scientific Corporation.

J. Mark Kell , Daniel A. Raniere , and Mark C. Aubuchon , argued, St. Louis, MO, for Respondents in 13-8031.

Jeffrey J. Lowe , Sarah Shoemake Doles , John J. Carey , and Andrew J. Cross , argued, St. Louis, MO, for Respondents in 13-8032 and 13-8033.

Before WOLLMAN, LOKEN, and SHEPHERD, Circuit Judges.


LOKEN, Circuit Judge.

In the Class Action Fairness Act of 2005 ("CAFA"), Congress permitted removal from state to federal court of certain class actions, including "mass actions." 28 U.S.C. §§ 1332(d), 1453(a) and (b). "[T]he term `mass action' means any civil action... in which monetary relief claims of 100 or more persons are proposed to be tried jointly on the ground that the plaintiffs' claims involve common questions of law or fact," § 1332(d)...

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