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The NAM filed an amicus brief in support of a petition for certiorari seeking U.S. Supreme Court review and reversal of an appellate decision that undermines the efficient resolution of “mass action” lawsuits under the Class Action Fairness Act (CAFA). The case involves claims by over 4,000 plaintiffs alleging that Lipitor caused them to develop Type II diabetes. The plaintiffs brought the claims in state court. The state court judge proposed to remove the case to federal court under a CAFA provision that allows removal of such “mass actions” when claims for monetary relief by more than 100 people “are proposed to be tried jointly on the ground that the plaintiffs’ claims involve common questions of law or fact.” 28 U.S.C. 1332(d)(11)(B)(i). A federal judge rejected the proposed removal, however, finding that that statutory language allows only plaintiffs -- not state court judges -- to propose to remove mass actions to federal court. On appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed. In support of the defendant’s petition for Supreme Court review, the NAM filed a coalition amicus brief that identifies the problematic consequences of the Ninth Circuit’s decision for manufacturers that face mass action claims. On October 7, 2019, the court denied certiorari.