STORY FROM: Hip & Knee Implant Litigation
5th Cir. Denies DePuy Mandamus Relief for Improper Venue, Bellwether Trial to Proceed
September 6, 2017
NEW ORLEANS — A federal appeals court has denied DePuy Orthopedics’ request to cancel a multi-plaintiff Pinnacle hip bellwether trial on the basis of improper venue, ruling that while DePuy had not clearly waived any objections concerning venue, it should seek relief via an ordinary appeal.
In an Aug. 31 opinion, a 5th Circuit U.S. Court of Appeals majority ruled that the multidistrict litigation court erred in ruling that DePuy agreed to waive all Lexecon objections to trials before the MDL court. However, the majority further held that DePuy failed to show that it has “no other adequate means” to ...