DePuy RP Knee Recipient Appeals Preemption Ruling to 3rd Circuit

PHILADELPHIA — The 3rd Circuit has given the plaintiff-appellant in a lawsuit alleging defects in a DePuy Orthopaedics (NYSE: JNJ) “RP Knee” device until Aug. 28 to submit an opening brief challenging summary judgment granted to DePuy on preemption grounds.

However, despite granting Michael Smith a one-month filing extension, the court on July 30 denied without prejudice a motion by DePuy to extend its deadline to respond, saying the court’s usual 30-day deadline for responses and 14-day deadline for replies will apply.

Smith has appealed summary judgment granted to DePuy on March 18 by Judge Joel A. Pisano of the …