MDL Court Rejects DePuy’s Fraudulent Joinder Argument and Remands ASR Hip Case

CLEVELAND — The federal judge overseeing the DePuy ASR hip implant multidistrict proceedings has remanded an Illinois case to state court after ruling that plaintiffs sufficiently pled a cause of action against an in-state distributor.

Judge David Katz of the U.S. District Court for the Northern District of Ohio ordered the case filed by Erika Hilgers-Luckey and three others remanded to Illinois’ Sixth Circuit Court in Champaign County Nov. 11 based on the federal court’s lack of jurisdiction.

Hilgers-Luckey, James Williams, Martha Bing and Jane Hogan originally filed their action in the Champaign County Court in January 2011, asserting …