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Koral v. Being Co., 10-8035

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By FindLaw Staff on January 04, 2011 11:52 AM

Appeal of remand orders in plaintiffs' mass tort action against Boeing

Koral v. Being Co., 10-8035, concerned Boeing's appeal under the provision of the Class Action Fairness Act that allows the court of appeals to entertain an appeal from an order remanding to the state court a purported "mass action" removed to federal district under the Act, arising from 29 separate suits involving the crash of a Turkish airliner built by Boeing in the Netherlands in 2009.  In affirming the orders remanding, the court held that Boeing's removal of the cases was premature as the proposal cannot be made by a defendant, because Boeing's desire for a joint trial cannot support removal.

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