MDL Court Remands Zimmer NexGen Knee Case to Del. State Court for Lack of Diversity Jurisdiction

CHICAGO — The presiding judge in the Zimmer (NYSE: ZMH) NexGen Knee Implant MDL has remanded a case brought by Delaware plaintiffs to Delaware state court, citing Zimmer’s incorporation in that state and the lack of complete diversity between the parties.

Judge Rebecca R. Pallmeyer rejected plaintiffs' argument that the court should base its decision on Zimmer’s Indiana headquarters, saying in her April 3 order that the relevant statute is clear that a company’s citizenship is also derived from its state of incorporation.

Zimmer filed its Suggestion of Lack of Jurisdiction March 29 in the multidistrict proceeding pending in …