Kurt Matt Rosbarsky v. Mira, Inc. and The Schepens Eye Research Institute, Inc., f/k/a Eye Research Institute of Retina Foundation

Summary

The opinion addresses Defendants’ motions to dismiss a strict products liability action arising from the implantation and later degradation of MIRAgel eye implants. The court grants the motions, concluding that it lacks personal jurisdiction over Mira, Inc. and The Schepens Eye Research Institute, Inc., because the allegations do not establish that either defendant took actions directed at Montana.

Holdings

1. The court lacked specific personal jurisdiction over the Institute because, even assuming Montana's long-arm statute reached the Institute, Rosbarsky failed to show that the Institute purposefully directed an intentional act expressly at Montana.
2. The court lacked specific personal jurisdiction over Mira because Rosbarsky failed to show that Mira expressly aimed its manufacturing, marketing, or sales activities at Montana.
3. Rosbarsky was not entitled to jurisdictional discovery concerning whether the Institute worked jointly with Mira to distribute MIRAgel.

Questions Presented

1. Whether the District of Montana could exercise specific personal jurisdiction over the Institute under Montana's long-arm statute and the Due Process Clause.
2. Whether the District of Montana could exercise specific personal jurisdiction over Mira under Montana's long-arm statute and the Due Process Clause.
3. Whether Rosbarsky was entitled to jurisdictional discovery concerning the Institute's involvement in distributing MIRAgel to Montana.
4. Whether Mira's alternative statute-of-limitations and failure-to-state-a-claim arguments required resolution.

Disposition

dismissed