Missouri Federal Court Finds Removal of Smith & Nephew Hip Case Premature

ST. LOUIS — A federal judge in the U.S. District Court for the Eastern District of Missouri has adopted a position held by the majority of courts and ruled that removal of a Smith & Nephew hip defect case is premature when based on a federal question raised in the plaintiffs’ unresolved motion for leave to amend.

District Judge John A. Ross granted Marilyn and Michael Svoboda’s motion to remand their action to state court May 6, concluding that until the state court acts on their motion to assert class claims against Smith & Nephew, the federal court lacks subject …