2nd Cir. Reinstates Hernia Mesh Action Against Medtronic
October 1, 2021
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 …