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ARTICLE · 05 NOVEMBER 2020

Turnabout Is Not Fair Play

Reed Smith
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The hip implant litigation, Rouviere v. DePuy, has already given us one of the classic opinions on the COVID-19 "new normal" in litigation practices.

United StatesLitigation, Mediation & Arbitration
James Beck
James Beck
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The hip implant litigation, Rouviere v. DePuy, has already given us one of the classic opinions on the COVID-19 "new normal" in litigation practices. See Rouviere v. DePuy Orthopaedics, Inc., ___ F. Supp.3d ___, 2020 WL 3967665 (S.D.N.Y. July 11, 2020) (blogged about here). That decision was prompted largely by the plaintiff's unreasonable litigation overreach (plaintiffs' counsel appears to have more unfettered discretion than most, probably because he is apparently one of the plaintiffs). Now it's happened again, with the Rouviere litigation generating a second to-be-published decision on a relatively esoteric subject - this time, exclusion of turncoat experts. Our immediate reaction to Rouviere v. DePuy Orthopaedics, Inc., ___ F. Supp.3d ___, 2020 WL 6265659 (S.D.N.Y. Oct. 25, 2020), is "you had to know you can't do that."

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