Va. Federal Judge Remands DePuy Hip Case, Says Conversion Claims Viable
May 15, 2019
DANVILLE, Va. — A Virginia federal judge has remanded a DePuy hip replacement action to state court, ruling that the plaintiff has a possibility of succeeding on claims in which she accuses the non-diverse defendants of refusing to provide her with explanted pieces of her device following revision surgery.
In a May 8 order, Judge Elizabeth K. Dillon of the U.S. District Court for the Western District of Virginia further held that the non-diverse defendants were not fraudulently misjoined, because the claims against them are inextricably entwined with those against the out-of-state defendants.
Susan Cardoza was implanted with a …
- Hancock Daniel & Johnson
- LeClair Ryan
- Skadden Arps Slate Meagher & Flom
- Williams Mullen
- Young Haskins Mann & Gregory