A work around the mass action exception?
In Scimone v. Carnival Corp., No. 13-12291 (11th Cir., July 1, 2013), two groups of 56 and 48 plaintiffs filed suit in Florida state court for damages arising out of the shipwreck of the Costa Concordia off the coast of Italy in 2012. Defendant Carnival removed the actions to federal court, alleging diversity jurisdiction under CAFA’s mass action section, 28 USC 1332(d)(11) (“‘mass action’ means any civil action . . . in which monetary relief claims of 100 or more persons are proposed to be tried jointly . . . “).
H/t Civil Procedure & Federal Courts Blog