Smith & Nephew Hip Case Remanded to Fla. State Court for Non-Diversity

WEST PALM BEACH, Fla. — A Florida federal judge has remanded a Smith & Nephew hip implant case to state court, agreeing with a magistrate judge that the non-diverse distributor defendants were not fraudulently joined because there is a possibility that the plaintiff can establish a cause of action against them.

In a Jan. 3 order, Judge Aileen Cannon of the U.S. District Court for the Southern District of Florida further rejected S&N’s argument that the amended complaint should not have been considered by the magistrate judge for removal purposes, explaining it was the operative pleading.

Sandra Miceli underwent hip …