Fla. Federal Judge Remands DePuy Hip Case, Rules Nondiverse Defendant Was Not Fraudulently Joined

TAMPA, Fla. — A Florida federal judge has remanded a DePuy hip implant case, ruling that a state court must resolve the question of whether the federal preemption analysis in Mensing and Bartlett may be applied to claims against the nondiverse distributor defendant.

On Oct. 14, Judge James S. Moody Jr. of the U.S. District Court for the Middle District of Florida further ruled that the plaintiff has asserted a colorable claim of strict liability under Florida law against the nondiverse defendant.

In a lawsuit filed in the Sarasota County Circuit Court, Thomas Fronczak alleges he sustained injuries after being …