2nd Cir. Reinstates Hernia Mesh Action Against Medtronic



DOCUMENTS
  • Opinion


NEW YORK — A federal appellate panel has reinstated a hernia mesh case against Medtronic, ruling that the lower court erred in denying the plaintiff’s motion to remand the case because one of the defendants, Covidien LP, did not timely consent to removal.

In a Sept. 30 order, the 2nd Circuit U.S. Court of Appeals panel explained that nothing in the removal statute provides a court with any discretion to allow a party to cure a failure to meet the statute’s requirements once the 30-day period for removal lapses.

The panel therefore reversed the trial court’s denial of the …






UPCOMING CONFERENCES




HarrisMartin's Mass Tort Settlements Conference - Sponsored by Milestone

June 27, 2024 - Buffalo, NY
The Richardson Hotel Buffalo

MORE DETAILS



HarrisMartin's MDL Conference

July 24, 2024 - Portland, ME
The Westin Portland Harborview

MORE DETAILS