Court Denies Mentor’s Motion for Summary Judgment
On January 24, 2013 Judge Land of the U.S. District Court for the Middle District of Georgia denied defendant’s Motion for Summary Judgment, finding that Minnesota substantive law applies to plaintiff’s bellwether case filed against Mentor Corp. This product liability lawsuit, originally filed by Wexler Wallace LLP on behalf of plaintiff in the U.S. District Court for the District of Minnesota, was subsequently transferred by the Judicial Panel on Multidistrict Litigation to the Middle District of Georgia to be consolidated in In Re: Mentor Corp. ObTape Transobturator Sling Products Liability Litigation.
Defendant, Mentor Corp., is the manufacturer of the ObTape Transobturator Tape, a sling product used to treat stress urinary incontinence that was surgically implanted into plaintiff. Defendant sought summary judgment on the grounds that Ohio substantive law, the law of the state of plaintiff’s residency, applied, and that the application of Ohio law warranted dismissal. The Court disagreed, finding that Mentor Corp. has sufficient contacts with the state of Minnesota, the forum state, to require application of Minnesota law. Bellwether trials are set to begin in In Re: Mentor Corp. ObTape Transobturator Sling Products Liability Litigation this summer.