Ford v. Mentor Worldwide, L.L.C. et al, No. 2:2013cv06317 - Document 17 (E.D. La. 2013)

Court Description: ORDER AND REASONS granting 4 Motion to Dismiss for Failure to State a Claim. Party Mentor Worldwide, L.L.C. dismissed with prejudice. Signed by Chief Judge Sarah S. Vance on 12/17/13. (jjs, )

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Ford v. Mentor Worldwide, L.L.C. et al Doc. 17 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ANITA FORD CIVIL ACTION VERSUS NO: 13-6317 MENTOR WORLDWIDE, LLC, SOUTH FLORIDA PLASTIC SURGERY ASSOCIATES, AND DR. DON R. REVIS, JR. SECTION: R ORDER Defendant Mentor Worldwide, LLC moves the Court to dismiss plaintiff's claims against Mentor under Federal Rule of Civil Procedure 12(b)(6).1 Defendant argues that plaintiff's claims are preempted by federal law under Riegel v. Medtronic, 552 U.S. 312 (2008), because the claims challenge the safety or effectiveness of a medical device that received premarket approval from the FDA. Plaintiff does not oppose dismissal of her claims against Mentor.2 Defendant is correct that plaintiff's claims against it are preempted under Riegel. Accordingly, the Court GRANTS the motion and dismisses plaintiff's claims against Mentor with prejudice. New Orleans, Louisiana, this 17th day of December, 2013. __ _________________________________ SARAH S. VANCE UNITED STATES DISTRICT JUDGE 1 R. Doc. 4. 2 R. Doc. 16. Dockets.Justia.com

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