N.Y. Federal Judge Remands DePuy Hip Action, Says Non-Diverse Defendants Properly Joined

ALBANY, N.Y. — A New York federal judge has remanded a DePuy hip replacement action to state court, ruling that the non-diverse healthcare defendants were not fraudulently joined because the malpractice claims against them arise from the same occurrence as the product liability claims against the manufacturer defendants.

In an April 23 order, Judge Brenda K. Sannes of the U.S. District Court for the Northern District of New York further held that the negligence claims against the non-diverse distributor are not preempted by federal law because the company did not participate in the design or labeling of the devices at …