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6th Circ. Says Court Had No Jurisdiction In DePuy Hip Suit – Law360

Law360 (March 30, 2020, 8:34 PM EDT) — The Sixth Circuit on Friday vacated a lower court’s dismissal of 12 suits brought by consumers who claim they were implanted with defective DePuy hip implants in Spain, finding that the court didn’t have jurisdiction over the claims.

The panel said in the published opinion it has been the rule for some 200 years that an appellate court must wipe out everything that has happened in a case if the lower court lacked jurisdiction. Even though it has been eight years since the plaintiffs first filed suit, all parties now recognize that the Ohio federal court lacked diversity jurisdiction from the…

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