In an unusually high-profile hearing in the Fifth Circuit Court of Appeals, Judge Edith Jones and former U.S. Solicitor Kenneth Starr “openly traded multiple jabs at each other” according to an article in the Texas Lawbook. The writ of mandamus hearing in the appeal filed by Johnson & Johnson following two verdicts against the company in ongoing MDL litigation involving hip implants is an important case according to Lynn Pinker Hurst & Schwegmann appellate attorney David Coale. “There are thousands of plaintiffs and billions of dollars at stake. The future of Johnson & Johnson is at stake,” says Coale. In the article Mr. Coale notes that two of the judges on the three-judge panel may be more likely to grant the writ due to the number of cases filed in the litigation – some 9,300.
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