N.Y. Federal Judge Says Distributor Defendants Fraudulently Joined to Hip Action

  • Order

NEW YORK — A New York federal judge has refused to remand a Zimmer hip implant case, ruling that the non-diverse distributor defendants were fraudulently joined because plaintiffs’ Ohio Product Liability Act claims against them were implausible.

In an April 26 order, Judge Paul A. Crotty of the U.S. District Court for the Southern District of New York found the claims of design defect and failure to warn fail because the distributors did not participate in the device’s manufacturing and labeling.

On June 1, 2011, Ohio resident Robert Harris was implanted with the Zimmer M/L Taper with Kinectiv Technology …

  • DiCello Levitt & Casey
  • Osborne & Associates
  • Taft Stettinius & Hollister


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