Motion Win for Jonathan E. Hansen in Hip Implant Product Liability Case
By: Carter Conboy
Plaintiff filed suit in State court for personal injuries alleging that parts from two different hip implant systems were mistakenly used together, which caused the hip replacement to fail. Carter Conboy represents the defendant Hospital.
The manufacturer of the parts, a named co-defendant in the suit, attempted to transfer the case to multidistrict litigation out of state for the purpose of litigating it together with other cases involving a design defect in one of the hip implant products. The manufacturer first removed the case to federal court, and then notified the judicial panel for multidistrict litigation of a purported related action, which triggered a Conditional Transfer Order that transferred the case out of state.
On behalf of the Hospital, Jonathan Hansen of Carter Conboy challenged both of the product manufacturer's steps to transfer the case out of state court. First, Mr. Hansen made a motion to remand the case back to state court on the basis that there was no federal court jurisdiction as the plaintiff had a viable claim against a New York State defendant that supplied the Hospital with the parts. Second, Mr. Hansen made a motion to vacate the Conditional Transfer Order in the multidistrict litigation, arguing lack of federal jurisdiction, and that the facts alleged in this case were unique and did not belong with the other cases involving a design defect in the hip implant product.
Both of Mr. Hansen’s motions were granted. The multidistrict litigation panel vacated the conditional transfer of the case, agreeing that the facts, as alleged, did not involve the same design defect that was at issue in the other cases. The New York federal court then remanded the case back to state court, agreeing with Mr. Hansen that there was no federal jurisdiction in light of the plaintiff’s viable claim against the New York supplier of the parts.
Mr. Hansen's success on motion provides a significant benefit to Carter Conboy's client both strategically and economically, by ensuring that the further defense of the matter will proceed locally.
About Jonathan E. Hansen
Jonathan E. Hansen is Counsel at Carter Conboy. He represents individuals, businesses, and the professions in matters involving appellate law, professional liability, product liability, personal and premise liability, construction and labor law, environmental law, and funeral law. Jon’s practice includes all aspects of litigation before state, federal and appellate courts throughout the State of New York, as well as before administrative agencies and in mediation and arbitration matters. He can be reached at (518) 810-0504 and email@example.com
About Carter Conboy
Named a 'Best Law Firm' by U.S. News & World Report, Carter Conboy delivers a deep bench and a diversified practice to a legacy that spans nearly a century. Carter Conboy is a full-service law firm providing a broad range of legal services to businesses, corporations, government, professionals, and individuals in 20 industries and 40 specialized service areas. For more information about the firm and our legal services, visit carterconboy.com.
Stacy A. Smith