STORY FROM: Hip & Knee Implant Litigation

N.J. Federal Judge Denies Durom Cup Plaintiffs’ 2nd Motion to Remand to Transferor Court

NEWARK, N.J. — A New Jersey federal judge has denied a second remand motion filed by two plaintiffs in a Durom Cup hip implant action, saying they violated the court’s case management order by failing to seek leave to file the motion.

On Sept. 5, Judge Susan D. Wigenton of the U.S. District Court for the District of New Jersey further held that David and Teresa Foscue violated the order by failing to confer with defense counsel before filing their remand motion.

According to plaintiffs’ 2012 complaint, David Foscue received a Durom Cup implant on March 18, 2009, but the ...

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