JPML Transfers DePuy ASR Hip Cases Despite Tolling, Remand Arguments

WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation has rejected attempts by numerous plaintiffs to keep their cases out of the ASR Hip Implant MDL, including nearly three dozen who filed their lawsuits after DePuy refused to sign a tolling agreement with a firm representing them.

In a Feb. 19 order, the federal panel ruled that each of the 39 cases fall within the MDL’s ambit based on the common questions of fact they share with cases previously transferred to the coordinated docket that was established four years ago in the U.S. District Court for the Northern District of …