Appeals Court Split on Appropriate Forum for Metab-O-LITE Cases

WEST PALM BEACH, Fla. - One of two ephedra cases dismissed by a Florida trial court for forum non conveniens has been reinstated after a state appeals court held that the defendant waited too long to file its motion to dismiss. Fihe, et al. v. Rexall Sundown Inc., et al., No. 4D06-100, 4D06-154 (Fla. Ct. App., 4th Dist.).

The Fourth District Florida Court of Appeal ruled Aug. 29 that the case brought on behalf of a Kentucky man can remain in Florida, where the company that manufactured the product once headquartered its operations. A second case, filed by a Michigan …