As part of its preparation for the first ASR bellwether trial, DePuy has filed a pretrial motion before Judge David Katz asking the court to lay aside DePuy’s global recall in 2010 and dismiss it as evidence in the upcoming trial. DePuy lawyers argued that the issue of the recall is not relevant in deciding the case.
The motion was presented before Judge Katz, who also has the last say in deciding whether the issue of the worldwide recall is significant enough to be used in the hearing of the case. Ruling out relevancy is not an easy task though, and the judge would need to analyze and understand the weight of the matter. The presiding judge must distinguish whether the 2010 recall is important enough to be used as evidence.
The motion was expected from DePuy since plaintiff Faye Dorney-Madgitz will definitely persuade jury that DePuy Orthopaedics is well aware of the defects of its ASR design when the company issued a worldwide recall in 2010. DePuy is exhausting all chances they got in this bellwether trial because decision of this case may influence the outcome of pending ASR federal lawsuits.
To know more about it, please visit DePuy’s Motion to Dismiss Worldwide Recall as Evidence in First Bellwether Trial
The motion was presented before Judge Katz, who also has the last say in deciding whether the issue of the worldwide recall is significant enough to be used in the hearing of the case. Ruling out relevancy is not an easy task though, and the judge would need to analyze and understand the weight of the matter. The presiding judge must distinguish whether the 2010 recall is important enough to be used as evidence.
The motion was expected from DePuy since plaintiff Faye Dorney-Madgitz will definitely persuade jury that DePuy Orthopaedics is well aware of the defects of its ASR design when the company issued a worldwide recall in 2010. DePuy is exhausting all chances they got in this bellwether trial because decision of this case may influence the outcome of pending ASR federal lawsuits.
To know more about it, please visit DePuy’s Motion to Dismiss Worldwide Recall as Evidence in First Bellwether Trial
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