Pinnacle Hip MDL Judge Remands Cases to N.J. State Court, Citing Forum Defendant Rule
December 27, 2022
DALLAS — The judge overseeing the Pinnacle hip MDL has remanded a handful of cases to New Jersey state court, ruling that DePuy’s removal to federal court was improper under the forum defendant rule because co-defendant Johnson & Johnson is a citizen of the state where the actions were filed.
In orders issued on Dec. 20, Judge Ed Kinkeade of the U.S. District Court for the Northern District of Texas further found DePuy failed to show that J&J was fraudulently joined.
Plaintiffs filed their complaints in New Jersey state court, alleging injuries caused by their DePuy metal-on-metal hip replacement Pinnacle …