News & Analysis as of

Jurisdiction Forum Non Conveniens

Nazi-Looting and Forced Sales Support Jurisdiction—Guelph Treasure Ruling Analysis

by Sullivan & Worcester on

The decision on Friday to allow our clients’ claims to proceed against German and the Stiftung Preussischer Kulturbesitz for the restitution of the Guelph Treasure (or Welfenschatz) is ground-breaking in important respects,...more

Supreme Court of Canada to address jurisdiction issues in online defamation case - Leave granted in Goldhar v. Haaretz.com

by Dentons on

On March 9, 2017, the Supreme Court of Canada (SCC) granted leave in Goldhar v. Haaretz.com1. This case is important because the SCC will address three key issues relating to the assumption of jurisdiction by Canadian courts,...more

Del. Forum Non Conveniens Doctrine Doesn't Depend on Adequate Alternative Forum

by Morris James LLP on

Corporations sued in Delaware and subject to jurisdiction here sometimes employ the doctrine of forum non conveniens (FNC) to seek dismissal of the litigation if defending here would create an overwhelming hardship. In a...more

Brexit: Impact on governing law and jurisdiction clauses - Is it still appropriate to choose English governing law and...

by Dentons on

Following the referendum vote, should parties continue to choose English governing law and the jurisdiction of the English courts in their commercial agreements? Here are three key points to consider....more

New York Enforcement Update

by King & Spalding on

New York has long been a critical enforcement venue for parties holding unsatisfied arbitral awards and/or judgments. New York is the financial capital of the United States, and that reality, coupled with the state’s expert...more

Effect Of Non-Exclusive English Jurisdiction Clause And Forum Non Conveniens Waiver On Application To Stay English Proceedings

by Allen & Overy LLP on

Where a contract contains a non-exclusive English jurisdiction clause as well as a forum non conveniens waiver, a stay may nevertheless be granted if there are very strong or exceptional grounds, which were unforeseen and...more

Court Of Chancery Explains When To Uphold Delaware As A Forum

by Morris James LLP on

This decision applies Delaware’s forum non conveniens law to a suit against a Delaware corporation arising out of events in India. The analysis is helpful for other cases because it deals with all the various factors to be...more

Check-Out Time at the Hotel California?

by Reed Smith on

We love our home state of California, but we have long bemoaned the widespread practice of what we call litigation tourism. That is where unrelated plaintiffs, sometimes thousands of them, from all corners of the U.S. join...more

Hoosier Daddy? Indiana Supreme Court Defers to Trial Court Forum Non Conveniens Decision

by Reed Smith on

The imminent retirement of David Letterman sent our mind back to all those grim law school days that foreclosed any smiles until after midnight, when Letterman's velcro suit, random items heaved off a roof, and stupid pet...more

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

by Carlton Fields on

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

by Baker Donelson on

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

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

New Case Demonstrates the Importance of Forum Selection Clauses

by Littler on

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

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

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

by Dentons on

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

New Year, New Ways to Fight the FNC Battle in Illinois Fennell v. Illinois Central Railroad Co.

by Morrison & Foerster LLP on

A recent Illinois Supreme Court case represents an encouraging turn for aviation defendants in a state where it has been nearly impossible to achieve dismissal on forum non conveniens grounds in foreign aviation accident...more

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