Nominal Defendant Not Subject to Forum Non Conveniens Dismissal, Calif. Court Rules in Infuse Case

LOS ANGELES — The presence of a nominal defendant cannot defeat a forum non conveniens dismissal which should otherwise be granted, a California appellate court has ruled in a Medtronic Infuse Bone Graft case.

On June 12, the California Court of Appeal, 2nd District, ruled that a trial court correctly granted the forum non conveniens dismissal in favor of all other defendants, but erred in dismissing the action against the nominal defendant. The trial court should have severed the action against the nominal defendant and allowed it to proceed in California, the appellate court held.

In this action, 37 plaintiffs …