6th Circuit Denies Mandamus Sought by DePuy Plaintiff Opposed to MDL Transfer

CINCINNATI - The 6th Circuit Court of Appeals has denied a petition for mandamus submitted by a plaintiff who objected to transfer to the DePuy ASR hip implant MDL while her motion for remand to state court was pending. McConnell v. Mark Debiase Inc., et al., No. 11-4265 (6th Cir.).

A three-judge panel said in an April 26 order that Shannon McConnell can still argue her remand motion in the multidistrict proceedings and that the circumstances do not require the extraordinary remedy of mandamus (In re DePuy Orthopaedics, Inc., ASR Hip Implant Prods. Liab. Litig., MDL No. 2197, N.D. Ohio).