Punitive Damages Fight Revived In ObTape Case

Law360, New York (November 30, 2009, 4:06 PM EST) -- A federal judge has revived a plaintiff's bid for punitive damages in a product liability case over Mentor Corp.'s ObTape implant, finding that the New Jersey state court system should determine whether the claim can proceed.

In a decision issued Nov. 24, Judge Clay D. Land of the U.S. District Court for the Middle District of Georgia vacated an earlier ruling in which he said New Jersey state law would not allow plaintiff Geraldine Doria to seek punitive damages.

The judge said he had based the...
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