STORY FROM: Hip & Knee Implant Litigation
5th Circuit Refuses to Review Denial Motion to Stay Pinnacle Hip Implant Trials
October 28, 2016
NEW ORLEANS –– The 5th Circuit U.S. Court of Appeals has denied a defense petition for writ of mandamus in a one-page order, rejecting the defendants’ position that the MDL Court intended to “apply the same misguided ‘door-opening’ approach at the trial that gave rise to many of the gross evidentiary errors highlighted in the petition.”
The 5th Circuit entered the one-page order on Sept. 29. Defendants DePuy Orthopaedics Inc., DePuy Products Inc., DePuy International Ltd., Johnson & Johnson, and Johnson & Johnson Services Inc. had told the 5th Circuit that mandamus relief was “essential to prevent a needless and ...