DePuy Argues for Home-State Law on Punitive Damages in Upcoming ASR Hip Trial

TOLEDO, Ohio — DePuy Orthopaedics Inc. has asked the ASR Hip MDL court to apply the law of defendants’ home jurisdictions —i.e., Indiana and The United Kingdom — to punitive damage claims in a case to be tried in September.

DePuy argues in an Aug. 5 motion and memorandum that under a New York choice-of-law analysis, which governs, “the law of the jurisdiction where the alleged corporate misconduct occurred governs the claim for punitive damages.”

“Importantly, this analysis should not take into account which punitive damages regime is potentially more generous to the plaintiff because the purpose of punitive damages …