Law360, New York (September 28, 2016, 2:14 PM EDT) -- The Fifth Circuit on Tuesday reaffirmed a Texas district judge's order allowing satellite testimony during an October trial against Johnson & Johnson in multidistrict litigation over its hip prosthetics, despite complaints from the company that there were no special circumstances to justify the decision.
Johnson & Johnson and its subsidiary DePuy Orthopaedics Inc. had asked the appeals court for a writ of mandamus, arguing the court had granted "blanket" approval for satellite testimony in the bellwether trial, when the use of recorded depositions would have sufficed. The panel turned down the petition in a one-sentence order, allowing U.S. District Judge Ed...
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