IN RE: DEPUY ORTHOPAEDICS, INC. ASR HIP IMPLANT PRODUCTS LIABILITY LITIGATION - Articles

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IN RE: DEPUY ORTHOPAEDICS, INC. ASR HIP IMPLANT PRODUCTS LIABILITY LITIGATION

Posted by: Tanja Trezise on Mar 27, 2020

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: E. Aaron Sprague, CREED & GOWDY, P.A., Jacksonville, Florida, for Appellants. Benjamin C. Sassé, TUCKER ELLIS LLP, Cleveland, Ohio, for Appellees.

Attorneys 2: ON BRIEF: Jeffrey L. Haberman, SCHLESINGER LAW OFFICES, P.A., Fort Lauderdale, Florida, for Appellants. Benjamin C. Sassé, Kristen L. Mayer, TUCKER ELLIS LLP, Cleveland, Ohio, for Appellees.

Judge(s): BATCHELDER, LARSEN, and MURPHY, Circuit Judges

Court Appealed: United States District Court for the Northern District of Ohio at Cleveland

MURPHY, Circuit Judge. The twelve cases consolidated in this appeal serve as yet another reminder that it “behooves parties to be meticulous in jurisdictional matters.” Prime Rate Premium Fin. Corp., Inc. v. Larson, 930 F.3d 759, 765 (6th Cir. 2019). “For some 200 years it has been the rule that—no matter the time and resources spent—an appellate court must wipe out everything that has occurred if the lower court lacked jurisdiction.” Id. at 764–65. Here, even though nearly eight years have passed since the plaintiffs sued, all now recognize that the district court lacked diversity jurisdiction from the start. We thus vacate the district court’s judgments.

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