Forum Non Conveniens

News & Analysis as of

This Week at the Texas Supreme Court

Wednesday, November 5: No. 12-0946, In re Bridgestone Americas Tire Operations, LLC - Relator Bridgestone seeks a writ of mandamus compelling dismissal of the underlying case for forum non conveniens. The case involves...more

Aviation Flyer - Summer 2014

In This Issue: - Forum Non Conveniens - A Defendant’s Initial Impulse Could Be The Riskiest - Providing Information To Expert Witnesses: A Quick Guide To The Proper Procedures And Potential Pitfalls -...more

Pennsylvania Superior Court Reverses Forum Non Conveniens Dismissal of International Air Crash Case, But Don’t Equate Pennsylvania...

United States courts facing forum non conveniens (FNC) motions, at least with respect to lawsuits arising out of air crashes that occur outside of the United States, seem to fall into two distinct camps: Cook County,...more

Federal Court Addresses American Pipe Tolling, Finding Statute of Limitations on Class Claims Accrued Upon Forum Non Conveniens...

A Delaware federal district court granted defendants’ motion to dismiss plaintiffs’ claims on statute of limitations grounds, rejecting plaintiffs’ argument that the claims had been tolled under the principles of...more

The Fifth Circuit Recognizes Impact of Subsequent In Rem Action on Forum Non Conveniens Analysis

The ever-changing Fifth Circuit jurisprudence on forum non conveniens (FNC) may have taken another turn with the Fifth Circuit’s opinion in Cotemar S.A. De C.V. v. Hornbeck Offshore Servs., L.L.C., 13-20230, 2014 WL 2111190...more

“Get Outta Here!”: The Court Of Appeals Finds that New York Judges May Sua Sponte Dismiss Cases on Forum Non Conveniens Grounds in...

In Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Bros. Co., 2014 N.Y. Slip Op. 02381, the New York Court of Appeals ruled that a court may sua sponte decide the issue of forum non conveniens so long as it allows the parties to...more

Eleventh Circuit Vacates Dismissal of Breach of Contract Claim

The US Court of Appeals for the Eleventh Circuit found that the US District Court for the Southern District of Florida abused its discretion by dismissing an action for forum non conveniens without evaluating the significance...more

Pro Te: Solutio Vol. 6 No. 2

In This Issue: - Forum Non Conveniens: How To Avoid The Tide of Lawsuits Brought by Foreign Nationals - Pro Te Solutio: Product Defense And FDA Compliance - Health Care Strike Force: Uncovering Fraud In The...more

Give Me Your Tired, Your Poor, Your Huddled Masses ... But Not Your Plaintiffs: Supreme Court Decision Limits General Personal...

It is no secret that U.S. courts are among the most favorable to plaintiffs, especially with regard to damages awards. For this reason, there has been a growing trend of foreign plaintiffs bringing law-suits in the U.S. even...more

Supreme Court Opinion Instructs on the Enforcement of Forum-Selection Clauses

On December 3, 2013, the Supreme Court of the United States issued its opinion in Atlantic Marine Constr. Co. v. U. S. Dist. Court for the W. Dist. of Tex.,—U.S.—, 134 S. Ct. 568 (2013). At issue was a forum selection clause...more

New Case Demonstrates the Importance of Forum Selection Clauses

On November 4, 2013, the U.S. District Court for the Northern District of California denied a motion filed by a company to dismiss a lawsuit brought by a former Libya-based employee. This decision ended the company's...more

BVI Case Notes, October 2013

Below is a summary of recent cases out of the British Virgin Islands (BVI) Commercial Court, compiled by Harneys’ Litigation team. Ruling on the use and status of ancillary relief proceedings and forum non conveniens...more

Marriott to Face Trial in Maryland Over Terrorist Bombing in Pakistan

The U.S. Fourth Circuit Court of Appeals recently reversed a Maryland U.S. District Court decision to dismiss a wrongful death suit brought against Marriott International based on a terrorist bombing that occurred at a...more

American Bar Association Resolution Addresses Application of Forum Non Conveniens in International Arbitration

At its annual meeting, the American Bar Association’s House of Delegates adopted Resolution 107c, which addresses reliance on the doctrine of forum non conveniens to refuse to enforce an arbitral award in the United States....more

Policy’s Forum Selection Clause Found Binding on Assignee of Insured

In Kostelac v. Allianz Global Corporate & Specialty AG, 2013 WL 1668245 (11th Cir. Apr. 17, 2013) (unpub.), the 11th Circuit Court of Appeals addressed the application of the forum non conveniens doctrine to a coverage...more

Florida Supreme Court Rules International Sex Case Will be Tried in the United States

The Florida Supreme Court ruled on June 21, 2013, that an international sexual assault case will be tried in the United States, rather than Mexico. Overturning a Third District Court of Appeal decision, the state's highest...more

Florida Supreme Court Modifies State Forum Non Conveniens Doctrine As To The Level Of Deference Owed To An Out-Of-State...

On June 20, 2013, the Florida Supreme Court issued its decision in Cortez v. Palace Resorts, Inc., Case No. SC11-1908, addressing Florida’s forum non conveniens doctrine (a version of the federal standard). ...more

Federal Procedure Update - 2012

I. FEDERAL PROCEDURE - A. Overview of Article. The purpose of this article is to provide summaries and brief discussion of significant recent cases from the United States Supreme Court, the United States Circuit...more

9-0 Supreme Court Victory for Shell in Alien Tort Statute Case

In what The New York Times has called “the most important business decision of the current term,” Quinn Emanuel obtained a landmark 9-0 victory for Shell Oil in the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum Co.,...more

DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit [Video]

May 14 (Bloomberg) -- Eric Lasker, partner at Hollingsworth LLP, talks with Bloomberg Law's Spencer Mazyck about successfully defending DynCorp International Inc. in U.S. federal court litigation with several thousand...more

Product Liability Annual Review -- 2012

In This Issue: Letter from Chair; Key Practice Highlights; Aviation; Consumer Products and Toxic Torts; Pharmaceutical Products and Medical Devices; Awards + Rankings; Publications; Key Contacts. Excerpt from...more

Navigating Mass Torts and Product Liability (MTPL) Litigation in the U.S. Legal System: Litigation Challenges for Japanese MTPL...

In This Presentation: • Challenges of U.S. Courts • Specialized and Aggressive Plaintiff’s Bar and Contingency Fees • Jury Trials • Pretrial Discovery • Personal Jurisdiction • U.S.-Based Subsidiaries •...more

A Toxic And Mass Tort Update: Illinois Supreme Court Limits "Forum Shopping"

In its December 28, 2012 decision, the Illinois Supreme Court issued a forum non conveniens decision reversing the St. Clair County Court and directing the trial court to dismiss plaintiff's asbestos case. Fennell v. Illinois...more

From Morguard To Club Resorts: The Evolution Of The Real And Substantial Connection Test

In This Issue: - Introduction - Morguard and the “Real and Substantial Connection” Requirement for Assumed Jurisdiction - The Muscutt Test (2002): Eight Contextual Factors - The Van Breda Test (2010): An Attempt...more

Patton Boggs Reinsurance Newsletter - December 2012: Florida Appellate Court Affirms Decision Rejecting Forum Non Conveniens...

ABA Capital Markets Corp. v. Provincial De Reaseguros C.A., No. 3D12-130, 2012 WL 5416441 (Fla. Dist. Ct. App. Nov. 7, 2012). In this appeal of a lower court’s non-final order denying defendant’s motion to dismiss a...more

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