Ky. Federal Judge Remands DePuy Knee Replacement Action on Basis of Non-Diversity

LOUISVILLE, Ky. — A Kentucky federal judge has remanded a DePuy knee replacement action, ruling that a nondiverse hospital defendant was not improperly joined because the causation and apportionment of fault for the alleged injuries implicate common questions of fact and law as to all defendants.

On Aug. 27, Judge Robert E. Wier of the U.S. District Court for the Eastern District of Kentucky also refused to conduct a fraudulent misjoinder analysis, noting that courts in the district have refused to apply the theory.

Billy Handshoe sued DePuy Synthes Sales Inc. d/b/a DePuy Synthes Joint Reconstruction, alleging his Attune Knee …