In an order entered on Thursday, December 7, in the Zyprexa litigation, Judge Weinstein requested further briefing on a motion to remand. Along the way, he noted his frustration with the fact that the Class Action Fairness Act of 2005 allows removal only of certain class actions and mass actions, but not of all state court cases that might usefully be included in a federal MDL proceeding. In Judge Weinstein’s words:
“It may be useful for Congress to consider expanding the Class Action Fairness Act from class actions to at least some national MDL, non-Rule 23, aggregate actions. As use of the class action device to aggregate claims has become more difficult, MDL consolidation has increased in importance as a means of achieving final, global resolution of mass national disputes. See Part II, supra. Much the same concerns which animated CAFA’s preference for a single, federal forum apply to national MDL aggregate actions.”
Here’s a copy of Judge Weinstein’s order in its entirety.