DePuy ASR MDL Judge Finds In-state Defendant Fraudulently Joined

TOLEDO, Ohio — The federal judge presiding over the DePuy ASR MDL denied a motion to remand in a Kentucky case, saying plaintiffs’ claims against an in-state defendant aren’t particular enough to meet a plausibility standard. Beavers v. DePuy Orthopaedics, Inc., et al., No. 1:11-dp-20275 (N.D. Ohio).

Judge David A. Katz of the U.S. District Court for the Northern District of Ohio said in his May 30 order that any allegations made by Thomas J. and April Beavers against Orthopaedic Partners were conclusory and the in-state defendant fraudulently joined.

In January 2011, the Beaverses brought their action in McCracken Circuit …