The U.S. Supreme Court on Monday declined to review a Second Circuit decision holding that consolidated lawsuits against pharmaceutical companies over alleged carcinogens in Zantac will proceed in Connecticut state court.
The pharmaceutical companies—Sanofi-Aventis U.S. LLC, Boehringer Ingelheim Pharmaceuticals, and Pfizer Inc.—had petitioned the justices to reconsider the Second Circuit’s split decision, arguing that federal jurisdiction should apply under the Class Action Fairness Act (CAFA).
Consolidation and Jurisdiction Dispute
The lawsuits involve nine separate claims, each filed with fewer than 100 plaintiffs, consolidated for pretrial purposes in Connecticut Superior Court. The pharmaceutical companies argued that consolidation for pretrial matters signaled an intent for a joint trial, which would invoke federal jurisdiction under CAFA’s mass action provisions.
However, the Second Circuit majority concluded that the cases were consolidated only for pretrial proceedings, not for trial, which justified keeping them in state court.
Arguments for Federal Jurisdiction
In their petition, the pharmaceutical companies criticized the Second Circuit for creating what they described as a subjective, unpredictable test requiring courts to analyze plaintiffs’ intent rather than applying a clear rule.
