A fight over whether 90 pelvic mesh cases pending in Philadelphia state court against a Johnson & Johnson subsidiary should be transferred to other jurisdictions in the wake of the U.S. Supreme Court’s game-changing decision in Bristol-Myers Squibb v. Superior Court of California is focusing on the defendant’s contacts with a third-party mesh supplier that is based in Pennsylvania.
J&J subsidiary Ethicon, which is facing about 120 cases in Philadelphia Court of Common Pleas’ pelvic mesh mass tort program, on Monday outlined its arguments for why 90 of those cases—all of which are being brought by non-Pennsylvania residents—should be taken out of the venue. The brief comes less than a month after Philadelphia Judge Arnold New granted the defendant’s request to re-open the jurisdiction issue in light of Bristol-Myers Squibb.
