Romo v. Teva Pharmaceuticals USA, Inc. to be reheard en banc

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Romo v. Teva Pharmaceuticals USA, Inc. was described as the end of the world by business interests when the Ninth Circuit held that attorneys could avoid CAFA removal by filing separate cases with fewer than 100 plaintiffs in each case to avoid the mass action provision in CAFA.  The Ninth Circuit is going to give those poor business interests a second bite at the apple; today the Ninth Circuit issued an order that the matter be reheard en banc.