There are approximately 11,500 DePuy ASR cases pending in the United States in various state and federal courts. A series of DePuy ASR trials are scheduled in the fall of 2013. The first is a bellwether trial scheduled in the federal consolidated multi-district litigation (“MDL”) before Judge David Katz in Toledo, Ohio. Bellwether actually means the leading sheep of a flock. In litigation terms though, a bellwether trial is the first case or series cases tried by the parties to give an indication of how other cases filed in the MDL may result if trial.
That trial is scheduled to begin on September 23, 2013. The first bellwether trial in the New Jersey consolidated state court litigation is scheduled on October 21, 2013 in Bergen County, New Jersey. Additional trials are also scheduled in San Francisco, West Palm Beach and Chicago this fall.