STORY FROM: Hip & Knee Implant Litigation

5th Circuit Refuses to Review Denial Motion to Stay Pinnacle Hip Implant Trials

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 ...

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