Nevada Plaintiff Cites Favorable Rundle Decision in Asking MDL Court to Remand DePuy ASR Hip Case to State Court

TOLEDO, Ohio – A Nevada plaintiff has asked the presiding judge in the DePuy ASR multidistrict proceedings to remand his case to state court, saying that in claiming complete diversity based on fraudulent joinder, defendants ignored a favorable remand decision on nearly identical claims against an in-state distributor.

Plaintiff James M. Benson says in a Sept. 23 motion filed in the U.S. District Court for the Northern District of Ohio that defendants DePuy and Johnson & Johnson “failed in a previous attempt to have DePuy ASR hip cases removed from Nevada state court based on allegations that Defendant Precision Instruments, …