Monday, July 11, 2011

Should you use a federal or state court if you are filing a suit re the depuy hip litigation?

I published something 5 or 6 months ago re the pluses and minuses of filing in each venue. (http://www.mydepuyhiprecall.com/p/questions-you-might-ask-law-firm.html)  As you know, I phoned the law firms that constitute the panel for the multi district federal litigation and I was surprised to find that each law firm had a different tact.  Some were planning to file all of their cases through MDL.  Some were planning to file most of them through state court  and some firms were filing in one or the other depending on the case.

The case below (excerpts only) started out in state court and the case was sent to the federal court only to be sent back to the state court.  Clearly the law firm that printed this release was anti Federal court filing and thus characterized the federal MDL process as slow.  It was interesting in any event.

Overview

A victim with a recalled DePuy ASR hip implant wins a legal victory by keeping her case out of federal court. The Federal District Court for the Eastern District of Wisconsin has ruled in favor of Letitia Malkmus’ motion to return her case to Wisconsin state court. This means she will not be forced to participate in the Multi District Litigation's (MDL)

Attorneys for DePuy Orthopaedics, Inc., the maker of the defective hip implants, argued that this case belonged in the MDL. The Federal Court disagreed with DePuy, siding with Mrs. Malkmus, and returned the case to Wisconsin State Court

The case is Letitia and Glen Malkmus v. DePuy Orthopaedics, Inc. and TRP & Associates, LLC, United States District Court for the Eastern District of Wisconsin, Case Number 2:11-cv-365.

Gee, I thought that when your attorney chose the venue, the case is handled in that venue.  Interesting that the court can send the case wherever it deems that it best be handled!

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