Plaintiffs in 4th Pinnacle Bellwether Action Oppose DePuy’s Challenge to Consolidation

DALLAS — Plaintiffs in the 4th bellwether DePuy Pinnacle trial are urging a Texas federal judge to deny DePuy’s motion for reconsideration of his order consolidating the six cases, arguing consolidation was appropriate given the common factual questions at issue in the cases.

In an Oct. 10 opposition filed in the U.S. District Court for the Northern District of Texas, plaintiffs assert that actions arising out of the same tort are commonly consolidated for trial under Rule 42(a) and that bellwether cases in a MDL proceeding are particularly appropriate for consolidation.

New York residents Ramon and Carole Alicea, Aviva and …