Va. Plaintiff Sees Unique Diversity Issue in Moving to Vacate MDL Transfer

Washington, D.C. - A Virginia plaintiff who opposes transfer to the DePuy ASR MDL asserts in a brief filed in support of her Motion to Vacate that the liability of an in-state defendant is unique to Virginia and is best decided by the transferor court. Dickerson v. DePuy Orthopaedics, Inc., et al., MDL No. 2197 [3:11-cv-00853, E.D. Va.] (JPML).

Anne M. Dickerson submitted her brief opposing transfer to the Judicial Panel on Multidistrict Litigation on Jan. 25, arguing that the case was improperly removed from state court and asking the panel to vacate a conditional transfer order.

Dickerson contends in …