By Emily Field (May 25, 2021, 6:00 PM EDT) -- The Eighth Circuit on Tuesday said a lower court didn't err in dismissing with prejudice a woman's suit against Johnson & Johnson unit Mentor Worldwide LLC over allegedly defective breast implants, since she seemed to be forum shopping.
The panel in a unanimous, published opinion said plaintiff Diane Graham didn't explain why she had sought to have her suit dismissed without prejudice, despite multiple opportunities to do so. The panel sided with Mentor's argument that she was trying to avoid an adverse judgment in federal court after it said Graham's claims were preempted by federal law.
"The only relief Graham seeks...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!