Wash. Federal Judge Remands DePuy Hip Case, Awards Plaintiffs Costs
April 11, 2023
SEATTLE — A Washington federal judge has remanded a multi-plaintiff DePuy hip replacement action to state court, ruling the plaintiffs have pled viable claims against the in-state distributor defendants under state law.
In the April 4 order, Judge Ricardo S. Martinez of the U.S. District Court for the Eastern District of Washington also awarded plaintiffs attorneys’ fees and costs in connection with the remand, ruling defendants’ removal was “objectively unreasonable.”
“The significant amount of case law on this matter of removal leads the Court to conclude that Defendants failed to properly investigate and answer Plaintiffs’ claims in state court and …