Belluck Law wins motion remanding case back to state court
In a lawsuit sounding in products liability and medical malpractice involving a defective and negligently implanted faulty hip replacement device, in which the plaintiff is represented by Belluck Law, Defendants Zimmer Biomet Holdings, Inc. et al. remove the case from Kings County to Federal Court, arguing that the New York-based hospital defendants were fraudulently joined.
In the case of Bruno v. Zimmer Biomet Holdings, Inc. et al., the Eastern District of New York granted plaintiff’s application to remand the case to State Court, holding that there was no fraudulent joinder or misjoinder.
The focus of the defendants’ argument to keep the case in Federal Court was that the medical malpractice defendants, who prevented removal because they are New York-based corporations that are not diverse to plaintiff’s New York citizenship, were fraudulently joined or misjoined with the product liability defendants. The Court concluded that joinder is a permissive rule and pursuing the hospitals for medical malpractice with the manufacturers for products liability is permissible since the action arises from the common facts regarding plaintiff’s hip replacement. The Court noted that it would be illogical and inefficient to split up the case.
About Belluck Law, LLP
Belluck Law, LLP is headquartered at 546 Fifth Ave, 5th Fl, New York, NY 10036 with offices across the state of New York in Albany, Rochester, Johnstown, and Woodstock, and offices in Maine, Massachusetts, and New Jersey. The firm has recovered over $1 billion in compensation on behalf of its clients. The firm’s attorneys have been recognized by Best Lawyers, Best Law Firms, SuperLawyers, Martindale Hubbell and other peer and third-party attorney evaluators.
The Belluck Law firm is committed to the communities it serves by supporting charitable causes across the U.S. The firm is a major donor to the Mesothelioma Applied Research Foundation through which it helps fund peer-reviewed mesothelioma research; helps pay for patient support services; and helps provide education to patients about treatment options.
More information about the firm can be found at www.bellucklaw.com.
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