Ninth Circuit Limits Reach of So-Called Class Action "Fairness" Act

On March 27, the Ninth Circuit rejected a defendant's effort to consolidate multiple actions for purposes of remving the actions to federal court under the so-called Class Action "Fairness" Act (CAFA). CAFA extends federal removal jurisdiction only to civil actions in which monetary relief claims of 100 or more persons are proposed to be tried jointly. The Ninth Circuit held that CAFA does not permit a defendant to remove to federal court separate state court actions, each involving fewer than 100 plaintiffs, as one mass action. Tanoh v. Dow Chemical Company.