Fla. Federal Judge Remands DePuy ASR Hip Case, Finds No Fraudulent Joinder

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

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.

Joseph Wier alleges he sustained injuries after being implated with a DePuy ASR artificial hip prosthesis designed and …