Court Rejects 'Forum Shopping' Charge and Dismisses Without Prejudice

CLEVELAND - The judge presiding over the federal DePuy ASR Hip Implant multi-district litigation has granted a motion to dismiss one case without prejudice, rejecting defendants' argument that the plaintiffs have engaged in forum shopping by filing similar claims in state court. Rivera, et al. v. DePuy Orthopaedics Inc., et al., No. 1:10-dp-20060 [In re DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation, No. 1:10-md-2197] (N.D. Ohio).

Judge David A. Katz, who oversees the DePuy ASR MDL in the U.S. District Court for the Northern District of Ohio, granted the motion on Sept. 19, saying that Esthela and Francisco …