Can a defendant join a bunch of separate suits together as a "mass action" and remove under CAFA?
That's what Carnival did when faced with two state court suits -- each with less than a hundred plaintiffs -- brought by Costa Concordia passengers.
Judge D said that's cute but no way, and the 11th Circuit -- in a case of first impression in our Circuit -- basically agreed:
Since we know for sure that a mass action cannot be one joined on the defendant’s motion, it follows that the proposal must originate either with the plaintiffs or, perhaps, with the state court.You know how defendant's counsel always think they know about your complaint than you do? This takes it to a whole other level.
Guess plaintiffs are still masters of their complaint, at least for a while.