Texas Couple Move to Remand Suit Against Smith & Nephew and In-State Representative

DALLAS – A Texas couple suing Smith & Nephew over the husband's allegedly defective hip implant have asked a federal court to remand their suit to state court, disputing the manufacturer's contention that its in-state representative was improperly joined to defeat diversity jurisdiction.

Plaintiffs Timothy and Karen Hutchens filed their motion Jan. 21 in the U.S. District Court for the Northern District of Texas, arguing that Smith & Nephew is purporting to establish facts via the representative's affidavit and is improperly asserting a common preemption defense for claims against all defendants.

In a complaint filed Nov. 19 in Dallas County …