Nov. 18, 2010: Hearing Held on Defective DePuy Hip Implants

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On November 18, 2010, a hearing was held before the Judicial Panel on Multidistrict Litigation ("JPMDL") to decide whether the numerous lawsuits filed by attorneys for injured individuals against DePuy Orthopaedics regarding its defective hip implants should be consolidated for discovery before a single federal judge.

The JPMDL is a panel of seven sitting federal judges, who are charged with (1) determining whether civil actions pending in different federal districts courts involve one or more common questions of fact such that the actions should be transferred to one federal district for coordinated or consolidated pretrial proceedings; and (2) selecting the judge or judges and court assigned to conduct such proceedings. The purposes of the transfer or "centralization" process is to avoid duplication of discovery, to prevent inconsistent pretrial rulings, and to conserve the resources of the parties, their counsel and the judiciary. Transferred actions not terminated in the transferee district are remanded to their originating transferor districts by the Panel at or before the conclusion of centralized pretrial proceedings.

We expect that the panel will decide to consolidate the cases in either New Jersey, Ohio or Illinois. Its decision should be issued shortly.

Call Sullivan Brill @ 212-566-1000

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