DePuy Sees Nevada Plaintiff’s Claims Against In-State Distributor As Preempted

TOLEDO, Ohio — DePuy Orthopaedics argues in opposition to a Nevada plaintiff’s motion to remand his ASR hip case for lack of complete diversity that federal law would prevent the only in-state defendant from complying with a claimed state-law obligation to warn.

DePuy submitted its brief in opposition to James M. Benson’s remand motion on Oct. 23, asking the U.S. District Court for the Northern District of Ohio to retain the case, where it is assigned to the DePuy ASR MDL (In re: DePuy Orthopaedics Inc. ASR Hip Implant Products Liability Litigation, MDL No. 2197 [N.D. Ohio]).

In a Sept. …