S.C. Federal Judge Declines to Rule on Preemption and Stays ASR Hip Case

COLUMBIA, S.C. — A federal judge has stayed a DePuy ASR hip implant case pending transfer to the federal multidistrict proceeding, although he acknowledged that the same court remanded at least one similar case in which DePuy argued for removal on the basis of fraudulent joinder of a non-diverse plaintiff.

Judge Joseph F. Anderson Jr. of the U.S. District Court for the District of South Carolina said in his Aug. 15 order that despite plaintiff’s argument that DePuy’s arguments mirror the company’ unsuccessful opposition to remand in Walker v. DePuy (3:12-cv-01931-JFA), the case should be stayed pending transfer to the …