CORDIS CORPORATION
v.
STEFANO CONVERTINO, ETC.
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Cordis Corporation appealed a trial court's denial of its motion to dismiss on grounds of forum non conveniens in a product liability suit brought by a New Jersey resident as personal representative of a deceased New Jersey resident. The court affirmed the trial court's decision, finding no abuse of discretion in denying the motion.
The trial court did not abuse its discretion in denying Cordis's motion to dismiss on the ground of forum non conveniens. The appellate court affirmed the trial court's order after reviewing the court's analysis of each forum non conveniens factor.
[1] A trial court's decision to grant or deny a motion to dismiss on the ground of forum non-conveniens rests within its sound discretion and is reviewed for abuse of discret…
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Join FLexlaw to unlock all legal intelligenceStefano Convertino, as Personal Representative for the Estate of Martino Convertino, filed a product liability suit against Cordis Corporation allegin…
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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 plaintiff, Stefano Convertino, as Personal Representative for the Estate of Martino Convertino, brought a product liability suit against Cordis, alleging that defects in the Cordis TrapEase Permanent Inferior Vena Cava Filter (“Cordis IVC Filter”) caused Martino Convertino’s death. The plaintiff is a citizen and resident of the state of New Jersey, and the deceased, Martino Convertino, was, at all relevant times, a resident of the state of New Jersey. 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,1 we conclude that the trial court did not abuse its 1 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., 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.
LLC v. Azteca Int'l Corp., 957 So. 2d 705, 709 (Fla. 3d DCA 2007); Fla. R. Civ. P. 1.061(a).
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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)