Florida Rejuvenate Plaintiff Challenges Affidavit Supporting Removal

FORT LAUDERDALE, Fla. — Defendant Howmedica Osteonics Corp. (NYSE: SYK) has removed a second recently filed Rejuvenate hip implant case from state to federal court but the plaintiff has moved to remand, challenging the in-state defendants’ denial of any ties to the manufacturer.

Howmedica (d/b/a Stryker Orthopaedics) filed its notice of removal Oct. 2 in the U.S. District Court for the Southern District of Florida, asserting that there is complete diversity and that the in-state distributor named by plaintiff Connie Piccinonna was fraudulently joined.

The defendant filed a motion to dismiss Oct. 17, arguing that Piccinonna failed to offer supporting …