Ford v. Mentor Worldwide, LLC

2 F. Supp. 3d 898, 2014 U.S. Dist. LEXIS 21878, 2014 WL 693926
CourtDistrict Court, E.D. Louisiana
DecidedFebruary 21, 2014
DocketCivil Action No. 13-6317
StatusPublished
Cited by14 cases

This text of 2 F. Supp. 3d 898 (Ford v. Mentor Worldwide, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford v. Mentor Worldwide, LLC, 2 F. Supp. 3d 898, 2014 U.S. Dist. LEXIS 21878, 2014 WL 693926 (E.D. La. 2014).

Opinion

ORDER AND REASONS

SARAH S. VANCE, District Judge.

Defendants Donald Revis and South Florida Plastic Surgery Associates move to dismiss this case on two grounds.1 First, defendants argue that this Court lacks personal jurisdiction over them. Second, defendants contend that plaintiff has failed to state a claim upon which relief can be granted because she failed to comply with the presuit notice and screening requirements of the Florida Medical Malpractice Reform Act. Because the Court finds that it does not have jurisdiction over Dr. Revis and SFPSA, the Court GRANTS defendants’ motion and dismisses plaintiffs suit. The Court does not reach the parties’ arguments concerning defendants’ motion to dismiss for failure to state a claim.

I. BACKGROUND

This ease arises out of injuries plaintiff Anita Ford allegedly suffered after a failed breast augmentation procedure.2 Plaintiff, a Louisiana resident, alleges that she learned about Dr. Revis through the website www.justbreastimplants.com (“JBI”), which Dr. Revis and SFPSA allegedly used “to solicit patients from across the country to come to Florida for breast augmentation surgery.”3 According to plaintiff, she e-mailed Dr. Revis on July 23, 2012, to “inquir[e] about breast augmentation,” and the two exchanged approximately twenty-two e-mails over the next several weeks.4 Dr. Revis allegedly knew that plaintiff was a Louisiana resident while he was corresponding with her.5

Dr. Revis performed breast augmentation surgery on plaintiff, using implants manufactured by Mentor Worldwide, LLC, on September 28, 2012 at the Broward General Medical Center in Fort Lauder-dale, Florida.6 Plaintiff alleges that she began feeling pain in her breast in mid-October, and that she corresponded with Dr. Revis about that pain between November 2012 and January 2013.7 On June 5, 2013, Dr. Revis performed a bilateral breast implant exchange on plaintiff.8 Plaintiff alleges that after Dr. Revis removed the Mentor implants from plaintiff, he discovered that one of the implants was leaking saline.9 According to plaintiff, the leaking saline in her breast implant caused her to experience pain and to require an[902]*902other surgery.10

Neither Dr. Revis nor SFPSA regularly does business in Louisiana, and Dr. Revis has never lived or practiced medicine there.11 While plaintiff alleges that “about 50% of Dr. Revis’ patients are out of state or international patients,”12 Dr. Revis’s uncontroverted affidavit reflects that less than 0.001% of his patient base comes from Louisiana.13

On September 12, 2013, plaintiff filed suit against Mentor, Dr. Revis, and SFPSA in Louisiana state court.14 She brought claims against Mentor under the Louisiana Products Liability Act15 and a medical malpractice claim against Dr. Re-vis and SFPSA.16 Defendants removed the case to this Court on November 1, 2013, citing diversity jurisdiction.17 On December 17, the Court dismissed plaintiffs claims against Mentor on the ground that they were preempted by federal law under Riegel v. Medtronic, 552 U.S. 312, 128 S.Ct. 999, 169 L.Ed.2d 892 (2008).18 Dr. Revis and SFPSA now move to dismiss plaintiffs remaining claims for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2).

II. LEGAL STANDARD

Personal jurisdiction “is ‘an essential element of the jurisdiction of a district ... court,’ without which the court is ‘powerless to proceed to an adjudication.’ ” Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583, 119 S.Ct. 1563, 143 L.Ed.2d 760 (1999) (alteration in original) (quoting Emp’rs Reinsurance Corp. v. Bryant, 299 U.S. 374, 382, 57 S.Ct. 273, 81 L.Ed. 289 (1937)). When a nonresident defendant moves the court to dismiss for lack of personal jurisdiction, the plaintiff bears the burden to show that personal jurisdiction exists. Revell v. Lidov, 317 F.3d 467, 469 (5th Cir.2002). When the court rules on a motion to dismiss for lack of personal jurisdiction without holding an evidentiary hearing, as in this case, the plaintiff need only make a prima facie case that jurisdiction exists; “[p]roof by a preponderance of the evidence is not required.” Johnston v. Multidata Sys. Int’l Corp., 523 F.3d 602, 609 (5th Cir.2008). The allegations of the complaint, except as controverted by opposing affidavits, are taken as true, and all conflicts in the facts are resolved in favor of the plaintiff. Id.; Revell, 317 F.3d at 469. In making its determination, the Court may consider “affidavits, interrogatories, depositions, oral testimony, or any combination of the recognized methods of discovery.” Revell, 317 F.3d at 469 (quoting Stuart v. Spademan, 772 F.2d 1185, 1192 (5th Cir.1985)).

A court has personal jurisdiction over a defendant if (1) the forum state’s long-arm statute confers personal jurisdiction over the defendant, and (2) the forum state’s exercise of jurisdiction complies with the Due Process Clause of the Fourteenth Amendment. Id. Because Louisiana’s long-arm statute, La.Rev.Stat. § 13:3201 et seq., extends jurisdiction to the full limits of due process, the Court’s inquiry collapses into a single question: whether the exercise of its jurisdiction in [903]*903this case satisfies federal due process requirements. Dickson Mar. Inc. v. Panalfina, Inc., 179 F.3d 331, 336 (5th Cir.1999) (citing La.Rev.Stat. § 13:3201(B)); Alonso v. Line, 846 So.2d 745, 750 (La.2003). The exercise of personal jurisdiction over a nonresident defendant satisfies due process when (1) “that defendant has purposefully availed himself of the benefits and protections of the forum state by establishing ‘minimum contacts’ with the forum state; and (2) the exercise of jurisdiction over that defendant does not offend ‘traditional notions of fair play and substantial justice.’ ” Revell, 317 F.3d at 470 (quoting Mink v. AAAA Dev. LLC, 190 F.3d 333, 336 (5th Cir.1999)).

There are two ways to establish minimum contacts: specific jurisdiction and general jurisdiction. See id. Specific jurisdiction exists when a nonresident defendant “has ‘purposefully directed its activities at the forum state and the litigation results from alleged injuries that arise out of or relate to those activities.’ ”

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Bluebook (online)
2 F. Supp. 3d 898, 2014 U.S. Dist. LEXIS 21878, 2014 WL 693926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-mentor-worldwide-llc-laed-2014.