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5th Circuit denies plaintiffs' petition for en banc rehearing in Pinnacle MDL
September 19, 2017 / 9:03 PM / a month ago

5th Circuit denies plaintiffs' petition for en banc rehearing in Pinnacle MDL

A federal appeals court on Tuesday denied a petition for rehearing filed by a group of plaintiffs in the multidistrict litigation over Johnson & Johnson subsidiary DePuy’s Pinnacle hip implants.

The petition had targeted an Aug. 31 ruling by the U.S. Court of Appeals for the 5th Circuit, which had denied DePuy a writ of mandamus blocking MDL Judge Ed Kinkeade in Dallas from presiding over a test trial but said the judge had “clearly abused” his discretion by hearing out-of-state cases.

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