(251) 299-0101

Class Certification - Personal Jurisdiction

Jones v. Depuy Synthes Products, Inc., [Case No. 7:17-cv-01778-LSC, Nov. 20, 2018] 2018 WL 6431013 (N.D. Ala. 2018) (United States District Court Judge L. Scott Coogler).

The district court denies a Fed. R. Civ. P. 12(f) motion to strike plaintiffs' amended complaint and Rule 12(f) and 23(d)(1)(D) motion to strike plaintiffs' nationwide class action allegations, contending that component parts of Depuy's ATTUNE total knee replacement systems are defective. The district court rejects Depuy's contentions that plaintiffs' amended complaint was due to be stricken because plaintiffs could not meet the commonality and typicality requirements of Rule 23(a) or the superiority and preponderance requirements of Rule 23(b)(3). The court also rejects Depuy's contention that a plaintiff in a federal class-action must establish personal jurisdiction over all unnamed putative class members given the holding of the U.S. Supreme Court in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, 137 S. Ct. 1773 (2017).

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