UPDATE: Ninth Circuit to Consider Carved Up Banana Plantation Cases

Previously I had written about a case in which banana plantation workers had divided themselves into multiple cases with less than 100 plaintiffs in order to avoid CAFA removal. 

The Ninth Circuit granted The Dow Chemical Company's petitions for permission to appeal in a number of those cases.  Nos. 08-80169, 08-80170, 08-80172, 08-80173, 08-80174, 08-80175, Tanoh, et al. v. The Dow Chemical Co. (9th Cir. Jan. 29, 2009).  Pursuant to CAFA's expedited appeal requirement, oral argument is set in those cases on March 10, 2009. 

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