Utah Federal Judge Declines to Remand on Promise of Additional Plaintiffs

SALT LAKE CITY - A federal judge has denied a motion to remand a knee implant case for lack of complete diversity, saying the motion was premature despite the plaintiff's expressed intention to add causes of action against in-state medical providers in an amended complaint. Voss, et ux. v. Zimmer Holdings, Inc., et al., No. 1:11-CV-87DAK (D. Utah).

Judge Dale A. Kimball said in denying the motion on Aug. 15 that plaintiffs could re-file when medical malpractice claims are added to the lawsuit.

The Vosses sued Zimmer Holdings Inc. in Utah's Third Judicial District Court on March 16, alleging that …