In re: Abbott Laboratories, Inc.

Plaintiffs, in ten separate state-court lawsuits involving several hundred plaintiffs alleging personal injuries caused by prescription medication Depakote, filed with Illinois Supreme Court motion to consolidate all actions in St. Clair County by asserting that all actions concerned common question of fact and asking that said consolidation take place "through trial" and "not solely for pretrial proceedings." Defendant subsequently removed all actions to federal court, asserting that motion to consolidate triggered "mass action" provision of Class Action Fairness Act (CAFA). Ct. of Appeals, in affirming one Dist. Ct.'s orders denying plaintiff's motion for remand of cases to state court and reversing other Dist. Ct.'s orders granting similar motion, found that plaintiff's motion to consolidate essentially proposed joint trial, and thus removals pursuant to CAFA were proper.