DePuy Sees Preemption as Decisive in its Opposition to Remanding DePuy ASR Hip Case

TOLEDO, Ohio — DePuy Orthopaedics has submitted its opposition to a South Carolina plaintiff’s motion to remand her ASR hip case to state court, arguing that federal law preempts all claims asserted against the in-state distributor defendants.

DePuy filed its opposition brief Oct. 18 in support of its assertion that in-state defendants were fraudulently joined by plaintiff Debra Sheheen to defeat the federal courts’ diversity jurisdiction, and that because those claims all arise from an alleged failure to warn, they are barred under a Pliva Inc. v. Mensing analysis (564 U.S. —, 131 S. Ct. 2567, rhn’g denied, 132 S. …