Nevada Judge Punts Preemption-Based Jurisdictional Argument in DePuy ASR Case

RENO, Nev. — A federal judge in Nevada has refused to rule on a motion to remand a DePuy ASR hip implant case that includes allegations against a non-diverse distributor that the defendants say are preempted by federal law.

Judge Robert C. Jones of the U.S. District Court for the District of Nevada ruled Oct. 8 that the case should be stayed pending transfer to the DePuy ASR Hip Implant MDL, where defendants have made similar preemption-based fraudulent joinder arguments.

“Here, it is more efficient, and better avoids the risk of inconsistent results, for a single federal judge to decide …