Hi, Stuart Talley here to do a quick update on the DePuy Pinnacle trial. We received word from the Fifth Circuit Court of Appeals (COA) on various petitions that DePuy had filed in an effort to up-end the current trial that is set to start opening statements on Monday, October 3rd.
The COA rejected all of DePuy’s arguments and efforts to basically stay the litigation pending their appeals. DePuy made arguments that there was no jurisdiction in the Texas court for people that resided in California. They also made some arguments that consolidating the case was unfair and the speed at which the trial was going to commence was unfair; that they didn’t have enough time to get ready. All these arguments were denied by the COA and opening statements will begin as scheduled.
This is good news for the plaintiffs. Stay tuned. We will provide regular updates on how the trial progresses.
The case is In re: DePuy Orthopaedics Incorporated; DePuy Products Incorporated; DePuy International Limited; Johnson & Johnson Services Incorporated; Johnson & Johnson, Incorporated, case number 16-10845 in the United States Court of Appeals For The Fifth Circuit.