In the October 2013 edition of Lit Alerts, we discussed the Ninth Circuit’s decision in Romo v. Teva Pharmaceuticals USA, Inc., No. 13-56310 (Sept. 25, 2013). In Romo, the Ninth Circuit held that a plaintiff’s petition for coordination of state actions pursuant to California Code of Civil Procedure section 404 did not constitute a proposal for the actions to be “tried jointly,” and that removal to federal court was therefore not authorized under CAFA. Last month, the Ninth Circuit granted rehearing en banc in Romo, perhaps signaling disapproval of the three-judge panel’s decision. In any event, the Ninth Circuit has cautioned that the panel opinion in Romo “shall not be cited as precedent by or to any court of the Ninth Circuit.”