A federal multidistrict litigation (MDL) court in West Virginia has determined that the French manufacturer of a shaped surgical mesh product cannot be sued in a personal injury action filed in Tennessee because the company had insufficient connections to the state to allow the courts to exercise specific jurisdiction over it. Crowell v. Analytic Biosurgical Solutions, No. 12-6072 (U.S. Dist. Ct., S.D.W. Va., order entered July 26, 2013).
Relying for the most part on J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011), the court determined that ABISS did not purposefully avail itself of Tennessee’s laws in particular and had not targeted the state to sell its products. It supplies its product to another company that independently chooses to market in the United States. According to the court, the plaintiff’s "allegations do not suggest anything more than the possibility that ABISS’s products might be sold in Tennessee. Furthermore, there is nothing in the record indicating the extent to which the final products were sold in Tennessee." The court also noted that the company had no input on the sale and marketing of its product after the other company took delivery of it. Thus the court granted ABISS’s motion to dismiss.