Exactech MDL Judge Dismisses Recovery Co.’s Complaint for Lack of Jurisdiction

  • Order

NEW YORK — The judge overseeing the Exactech orthopedic implant MDL docket has dismissed without prejudice a reimbursement recovery company’s complaint for lack of jurisdiction, ruling it has not shown a possibility of success on its claims, as pled, because it has not alleged an injury-in-fact.

In a June 14 order, Judge Nicholas G. Garaufis of the U.S. District Court for the Eastern District of New York further ruled that federal jurisdiction is lacking because its claim for violation of the Magnuson-Moss Federal Warranty Act is “wholly insubstantial and frivolous” and therefore cannot support federal question jurisdiction.

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