DePuy Offers Additional Argument in Support of Home-State Law on Punitives

TOLEDO, Ohio — DePuy Orthopaedics Inc. has submitted additional support for its motion to apply defendants’ home-state law on punitive damages in an upcoming ASR hip implant trial, saying that plaintiff’s opposition to the relevant choice-of-law analysis is based solely on an adverse result.

DePuy’s reply was filed Aug. 27 in the U.S. District Court for the Northern District of Ohio, where the DePuy ASR multidistrict cases are pending.

Plaintiff Ann McCracken, whose claims are to be tried before presiding Judge David A. Katz beginning Sept. 9, filed her opposition brief under seal Aug. 20.

On Aug. 5, DePuy …