Cordis Corporation Seeks Review By United States Supreme Court After Losing To Brenes Law Group Before Ninth Circuit Court Of Appeals

September 06, 2017

Several hundred plaintiffs injured by Cordis OptEase and TrapEase filters have filed lawsuits in Alameda County Superior Court in California. In June 2016, Cordis Corporation, the manufacturer of the OptEase and TrapEase filters, removed all cases then pending in Alameda County to federal court. Cordis argued that the federal court had jurisdiction under the Class Action Fairness Act of 2005 (CAFA). Cordis, and many other defendants, appear to believe it is more advantageous to them to litigate in federal court versus state court.

On September 23, 2016, a district court judge granted a motion by plaintiffs to have these cases remanded back to state court. Cordis then appealed the matter to the United State Court of Appeals for the Ninth Circuit. On March 13, 2017, Troy A. Brenes of Brenes Law Group presented arguments to the Ninth Circuit on behalf of plaintiffs. The Ninth Circuit confirmed the ruling by the district judge. On August 17, 2017, Cordis filed a writ of certiorari seeking review by the United States Supreme Court. The Supreme Court has discretion whether or not to consider the matter.

Practice Areas

Medical Devices