Mo. Federal Judge Remands Infuse Case, Says Removal Under CAFA Was Improper

ST. LOUIS — A Missouri federal judge has remanded a Medtronic Infuse case to state court, finding the plaintiffs did not implicitly request a consolidated trial, therefore removal pursuant to the Class Action Fairness Act would be improper.

On Oct. 17, Senior Judge E. Richard Webber of the U.S. District Court for the Eastern District of Missouri explained that while a joint trial may be implicitly requested, plaintiffs have not done so in this case.

On Dec. 26, 99 plaintiffs filed a petition against Medtronic Inc. and Medtronic Sofamor Danek USA Inc. in the St. Louis City Circuit Court, alleging …