CORDIS CORPORATION
v.
RICHARD MCNAMARA AND MICHELLE MCNAMARA
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Cordis Corporation, a Florida medical device manufacturer, appealed a trial court's denial of its motion to dismiss a product liability suit on grounds of forum non conveniens. The plaintiffs, Iowa residents, sued Cordis for injuries allegedly caused by a defective IVC filter. The appellate court affirmed the trial court's denial of the motion, finding no abuse of discretion in allowing the case to proceed in Florida.
The trial court did not abuse its discretion in denying Cordis's motion to dismiss on grounds of forum non conveniens. The court affirmed the lower court's order, finding that after examining the established forum non conveniens factors under Florida law, the trial court properly exercised its discretion.
[1] The decision to grant or deny a motion to dismiss on the ground of forum non conveniens rests within the sound discretion of the trial court and will not be disturbed on…
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Join FLexlaw to unlock all legal intelligenceRichard and Michelle McNamara, Iowa residents at the time of suit, brought a product liability action against Cordis Corporation alleging that defects…
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Opinion filed July 14, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D20-1668 Lower Tribunal No. 19-19765 ________________
Cordis Corporation,
Appellant,
vs.
Richard McNamara and Michelle McNamara,
Appellees.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Crowell & Moring LLP, and Vincent J. Galluzzo (Washington, D.C.); and Wallen Kelley, and John D. Golden, for appellant. Searcy Denney Scarola Barnhart & Shipley, P.A., and Joseph R. Johnson (West Palm Beach), for appellees. Before HENDON, MILLER, and BOKOR, JJ. PER CURIAM.
Cordis Corporation (“Cordis”) appeals from a non-final order denying its motion to dismiss on the ground of forum non-conveniens. We affirm.
The plaintiffs, Richard McNamara and his wife, Michelle McNamara, brought a product liability suit against Cordis, alleging that defects in the Cordis TrapEase Permanent Inferior Vena Cava Filter (“Cordis IVC Filter”) caused Richard McNamara’s injuries. The plaintiffs are citizens and residents of the state of Iowa.1 Cordis is a Florida corporation and maintains an office in Miami Lakes, Florida. Cordis’s Miami Lakes office is the central location for handling product complaints, quality control, risk management, training, and regulatory compliance involving the Cordis IVC Filter. Following a hearing, the trial court denied Cordis’s motion to dismiss on the ground of forum non conveniens. Based on our review of the record, including the trial court’s order addressing each of the forum non conveniens factors,2 we conclude that the trial court did not abuse its 1 At the time of the Cordis IVC Filter implantation, the plaintiffs were citizens and residents of the state of New Jersey. 2 The analysis for forum non conveniens is well established in Florida law. See Cortez v. Palace Resorts, 123 So. 3d 1085 (Fla. 2013); Kinney Sys., Inc. v. Cont’l Ins. Co., 674 So. 2d 86 (Fla. 1996); Abeid-Saba v. Carnival Corp., 184 So. 3d 593, 599 (Fla. 3d DCA 2016); Telemundo Network Grp., LLC v. Azteca Int'l Corp., 957 So. 2d 705, 709 (Fla. 3d DCA 2007); Fla. R. Civ. P. 1.061(a).
discretion in denying the motion. As such, we affirm the order under review.
Aerolineas Argentinas, S.A. v. Gimenez, 807 So. 2d 111, 113 (Fla. 3d DCA 2002) (stating that decision to grant or deny a forum non conveniens motion for dismissal rests in the sound discretion of the trial court).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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- Kinney Sys., Inc. v. The Cont'l Ins. Co., 674 So. 2d 86 (Fla. 1996)
- Shahla M. Rabie Cortez v. Palace Resorts, Inc., 123 So. 3d 1085 (Fla. 2013)
- Aerolineas Argentinas, S.A. v. Gimenez, 807 So. 2d 111 (Fla. 3d DCA 2002)
- Telemundo Network Grp., LLC v. Azteca Int'l Corp., 957 So. 2d 705 (Fla. 3d DCA 2007)
- Abeid-Saba v. Carnival Corp., 184 So. 3d 593 (Fla. 3d DCA 2016)