CORDIS CORPORATION
v.
PAMELA COELHO
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Cordis Corporation appealed a trial court's denial of its motion to dismiss on forum non conveniens grounds in a product liability suit brought by New Jersey resident Pamela Coelho. The Third District Court of Appeal affirmed the trial court's order, finding no abuse of discretion in denying the motion despite Cordis being a Florida corporation.
The trial court did not abuse its discretion in denying Cordis's motion to dismiss on forum non conveniens grounds. The court affirmed the trial court's order, which properly analyzed the relevant forum non conveniens factors.
[1] The decision to grant or deny a motion to dismiss on the ground of forum non-conveniens rests in the sound discretion of the trial court and will not be reversed absent a…
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Join FLexlaw to unlock all legal intelligencePamela Coelho, a New Jersey citizen and resident, filed a product liability suit against Cordis Corporation alleging that defects in the Cordis OptEas…
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Opinion filed July 14, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D20-1678 Lower Tribunal No. 17-26284 ________________
Cordis Corporation,
Appellant,
vs.
Pamela Coelho,
Appellee.
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 appellee. 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 plaintiff, Pamela Coelho, brought a product liability suit against Cordis, alleging that defects in the Cordis OptEase Retrievable Inferior Vena Cava Filter (“Cordis IVC Filter”) caused her injuries. The plaintiff is a citizen and 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 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 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., LLC v. Azteca Int'l Corp., 957 So. 2d 705, 709 (Fla. 3d DCA 2007); Fla. R. Civ. P. 1.061(a).
motion for dismissal rests in the sound discretion of the trial court).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- 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)