Koral v. Boeing Co.

Dist. Ct. did not err in remanding to state court purported mass action comprising of 29 state-court actions that defendant-airline manufacturer had removed to Dist. Ct. under Class Action Fairness Act, 28 USC section 1332(d), 1453(a) and (c). While plaintiffs had argued in state court, in objections to defendant’s motions to dismiss on forum non-conveniens grounds, that resolution of instant 29 state-court actions seeking damages arising out of plane crash would involve only one trial in Illinois on the issue of liability, defendant could not base instant removal on plaintiffs’ argument since, under section 1332(d)(11)(B)(ii)(II) of CAFA, any initial proposal for joint trial cannot be made by defendant.