Plaintiff’s Joinder of Exactech Sales Rep was Fraudulent, MDL Judge Rules

NEW YORK — The judge overseeing the federal MDL docket for cases alleging injuries caused by Exactech Inc.’s allegedly defective orthopedic implants has denied a plaintiff’s motion to remand his action to Connecticut state court, ruling that his joinder of a non-diverse sales representative was fraudulent.

In a Sept. 24 order, Judge Nicholas Garaufis of the U.S. District Court for the Eastern District of New York found the allegations against the sales rep were not sufficiently particularized to show that the plaintiff could recover. Specifically, the judge found the plaintiff failed to explain how the sales rep was involved in …