Wis. Federal Magistrate Remands DePuy ASR Hip Case to State Court

MILWAUKEE - A federal magistrate judge has rejected defendants' fraudulent joinder claim and ruled that a DePuy ASR hip implant case awaiting transfer to the federal MDL in Ohio was improperly removed and should be remanded to state court in Wisconsin. Malkmus, et al. v. DePuy Orthopaedics Inc., et al., No. 11-C-365 (E.D. Wis.).

Magistrate Judge Aaron E. Goodstein, who decided the remand issue by agreement of the parties, said in his June 13 order that he believed the issue of remand was better decided by the U.S. District Court for the Eastern District of Wisconsin, despite an existing conditional …