Ninth Circuit Refuses to Apply Class Action Fairness Act (CAFA) to Subrogated Insurers’ Mass Tort Case

The Ninth Circuit rejected an argument that CAFA required removal of a mass tort action brought by subrogated insurers against a product manufacturer to the federal district court. The case is Liberty Mut. Fire Ins. Co. et al. v. EZ FLO Int’l, Inc. No. 17-56523, Slip Op. 9th Cir., Dec. 14, 2017.

In this case, twenty-six insurers filed an action in the Superior Court of the State of California for the County of San Bernardino against EZ FLO International, Inc. (“EZ FLO”), a manufacturer of toilet water supply lines domiciled in Ontario, California.

Click here to read the full article from the NASP Subrogator.