8th Circ. Won't Revive Mentor Breast Implant Suit

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...

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