Federal Court Rejects 'Forum Shopping' Charge, Dismisses Hip Case

CLEVELAND - The judge presiding over the federal DePuy ASR Hip Implant multi-district litigation has dismissed 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 Rivera's decision to file …