MacE v. Mylan Pharmaceuticals, Inc.
714 S.E.2d 223
W. Va.2011Background
- Plaintiff Randy L. Mace, as personal representative of Kathy W. Mace's estate, sued Mylan in West Virginia for wrongful death based on a fentanyl patch.
- Ms. Mace resided in North Carolina and died there; patch was prescribed and used in North Carolina, and alleged manufacture/distribution occurred nationwide.
- Mylan moved to dismiss under West Virginia's forum non conveniens statute, arguing North Carolina is a more convenient forum.
- Circuit Court dismissed, noting NC as alternate forum but conditioned on defendants waiving statute of limitations and recognizing NC discovery rule difference.
- On appeal, WV Supreme Court held the statute ambiguous and remanded for further proceedings under a clarified interpretation aligned with federal forum non conveniens precedent.
- Court concluded that if alternate forum does not provide a viable remedy, dismissal is improper; North Carolina does not exist as an alternate forum in this case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interpretation of WV Code § 56-1-1a(a)(1) existence of alternate forum | Alternate exists if defendant amenable to process; statute codifies common law rule. | Statute plain; consider eight factors equally; existence presumed when amenable to process. | Statute ambiguous; presumption exists that an alternate forum exists if amenable, unless remedy is clearly inadequate. |
| Whether North Carolina is a viable alternate forum given its discovery rule | North Carolina discovery rule tolls WV limitations; NC should be viable. | NC lacks discovery rule; remedy inadequate; NC not a viable forum. | North Carolina does not exist as an alternate forum due to an inadequate remedy, so WV court erred by dismissing. |
Key Cases Cited
- Tsapis v. Norfolk & Western Ry. Co., 184 W.Va. 231 (1990) (forum non conveniens presupposes two forums amenable to process)
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981) (availability of alternate forum depends on more than mere amenability)
- Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (1947) (forum non conveniens framework: presupposes multiple forums)
- Bradshaw v. Soulsby, 210 W.Va. 682 (2001) (discovery rule considerations in WV context)
- McKinney v. Fairchild, 199 W.Va. 718 (1997) (statutory discovery rules and forum considerations in WV)