David v. Medtronic, Inc.
Annotate this CasePlaintiffs filed a products liability suit, alleging that defendants are liable for the their injuries after using the medical device known as Infuse. At issue was whether the presence of a so-called “nominal defendant” can prevent the remaining defendants from obtaining a forum non conveniens dismissal when, in the absence of the nominal defendant, the action can and should be pursued in alternative forums. The court concluded that the presence of a nominal defendant cannot defeat a forum non conveniens dismissal which should otherwise be granted. In this case, the trial court correctly granted the forum non conveniens dismissal in favor of all other defendants, but erred in dismissing plaintiffs’ action against the nominal defendant. Instead, the court should have severed the action against the nominal defendant and allowed it to proceed in California. The court affirmed in part and reversed in part.
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