Ky. Judge Refuses to Compel Remote Witness Testimony in Pinnacle Hip Case

FRANKFORT, Ky. — A Kentucky federal judge has refused to compel the remote testimony of five plaintiff witnesses in a DePuy Pinnacle hip case, explaining it would contravene Federal Rule of Procedure 45(c)(1) because they live more than 100 miles from the courthouse.

On March 29, Judge Gregory F. Van Tatenhove of the U.S. District Court for the Eastern District of Kentucky explained that he “cannot issue a subpoena that compels actions by a witness well beyond its jurisdictional limits simply because technology has eased the practical burdens.”

Pollyann Coblin sued DePuy Orthopaedics Inc. n/k/a Medical device Business Services …