News & Analysis as of

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

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

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

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.

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

Van Breda: A Revised Approach to Assumed Jurisdiction

On “Black Friday” many American retailers are known to offer deep discounts which draw a large number of bargain hunting shoppers. But what happens if a visiting Ontario bargain-seeking motorist is injured in a collision with...more

8 Results
|
View per page
Page: of 1