The Fifth Circuit’s Decision in In Re: DePuy Orthopaedics, Inc., et al, Illustrates the Possibility that Even When You Lose a Writ of Mandamus, You May Still Win
The Energy Law Blog
SEPTEMBER 8, 2017
Faced with the prospect of having to defend another costly test-case trial in a multidistrict litigation proceeding involving over 9,000 plaintiffs, the defendants (petitioners before the Court of Appeals) filed a writ of mandamus challenging the district court’s decision that they waived their jurisdictional and venue objections (known as a Lexecon waiver).
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