Biomet M2a Hip MDL Judge Allows Parties to Take Expert Depositions for Use in Trials on Remand

SOUTH BEND, Ind. — An Indiana federal judge has allowed the parties in the Biomet M2a Magnum Hip MDL to take depositions of their generic expert witnesses, explaining that the transferor judges will decide whether those depositions may be substituted for live testimony in trials on remand.

In the March 26 order, Judge Robert L. Miller Jr. added that he will not preside over the depositions in deference to transferee judges’ authority under 28 U.S.C. § 1407.

Plaintiffs in the litigation asked that Judge Miller preside over the depositions and to rule on objections consistently with the judge’s earlier rulings …