On May 16, the Multi-District Litigation Panel heard oral arguments regarding venue placement for the DePuy Pinnacle MDL in Louisville, KY. All claims filed in federal court against DePuy and its parent company, Johnson & Johnson, are going to be consolidated under one Judge in one venue for purposes of discovery and pre-trial motions.
Both Plaintiffs’ and Defendants’ attorneys were present at the DePuy Pinnacle MDL venue hearing. Although Defense counsel in their filing argued for venue to be placed in the Northern District of Texas (Dallas), they orally argued for the Southern District of Texas (Houston). Of the nine Plaintiffs’ counsel arguing, eight either outright argued for or deferred for the MDL to be placed in Houston. Chris Hellums, of Pittman, Dutton & Hellums, P.C., argued for placement in the Northern District of Alabama (Birmingham). Mr. Hellums cited the District Judiciary’s expertise and familiarity with complex products liability cases and the convenience of the location to all parties as reasons to award the MDL to Birmingham.
Interestingly, the MDL Panel did not send the MDL to either of the two Districts that were orally argued for, but instead sent the DePuy Pinnacle MDL to the Northern District of Texas. The MDL venue Order was filed yesterday.
