Plaintiffs Say DePuy's Mensing Preemption Argument Irrelevant to Jurisdictional Questions

BALTIMORE – Plaintiffs in two Maryland hip implant cases have asked the Judicial Panel on Multidistrict Litigation to stay transfers to the DePuy ASR multidistrict proceeding in Ohio until the U.S. District Court in Maryland can rule on remand motions. In re: DePuy Orthopaedics ASR Hip Implantation Litigation, MDL No. 2197 (JPML).

Counsel for plaintiffs Eva Macgregor, Doris G. and Henry T. Wynn filed motions to vacate conditional transfer orders, saying that the federal courts lack jurisdiction because legitimate claims against an in-state distributor were discounted when the cases were removed from Maryland state courts.

Similar motions in dozens of …