News & Analysis as of

Forum Non Conveniens Motion to Dismiss

Lathrop GPM

Michigan Federal Court Grants Motion to Dismiss for Lack of Personal Jurisdiction and Forum Non Conveniens

Lathrop GPM on

A federal court in Michigan granted a motion to dismiss claims that franchisor Bateel International, LLC had violated the Michigan Franchise Investment Law and the Texas Business Opportunity Act. Luxury Concepts, Inc. v....more

Lathrop GPM

Maryland Federal Court Denies Motion to Dismiss for Forum Non Conveniens but Grant’s Franchisee’s Motion to Dismiss for Personal...

Lathrop GPM on

A federal court in Maryland granted a foreign hotel franchisee’s motion to dismiss for lack of personal jurisdiction but denied a forum non conveniens motion in a personal injury case naming both franchisor and franchisee as...more

Lewitt Hackman

Franchisor 101: Greener Grass in a Foreign Forum

Lewitt Hackman on

A federal court in Maryland denied Marriott International, Inc.’s motion to dismiss plaintiffs’ action based on forum non convenient. Plaintiffs sued Marriott and the JW Marriott hotel franchisee in India for premises...more

Nelson Mullins Riley & Scarborough LLP

The Not-So-Automatic Stay for Foreign Assets and Creditors

When a debtor files for bankruptcy, it’s axiomatic that all creditors, wherever located, must immediately cease their efforts to collect on debts owed to them by that debtor, right? Not necessarily so, says the United States...more

Patterson Belknap Webb & Tyler LLP

Recent Commercial Division Decision Provides a Primer to the Myriad of Potential Issues Associated with Collecting A Judgment...

On November 10, 2021, a Commercial Division Court issued a decision on a motion to dismiss the claims brought by Wilmington Trust Company (“WTC”) against a wide range of parties that WTC alleged to be alter egos of an...more

Husch Blackwell LLP

Eighth Circuit Reverses Dismissal Based On Forum Non Conveniens Motion

Husch Blackwell LLP on

The Eighth Circuit recently held that a motion to dismiss based on forum non conveniens filed 18 months after the start of litigation was untimely. According to the decision, if the forum was truly inconvenient, the...more

Carlton Fields

Eighth Circuit Delivers an Inconvenient Truth: Defendants’ Forum Non Conveniens Was Untimely, Despite Absence of Express Deadline

Carlton Fields on

On April 28, 2021, the Eighth Circuit Court of Appeals issued an opinion finding that the defendants’ motion to dismiss based on the doctrine of forum non conveniens was untimely filed. In doing so, the Eighth Circuit...more

Sheppard Mullin Richter & Hampton LLP

Facebook Defeats Shareholder Suit Challenging Alleged Failures In Its Diversity and Inclusion Practices

In Ocegueda v. Zuckerberg, No. 20-CV-04444, 2021 WL 1056611 (N.D. Cal. Mar. 19, 2021), the United States District Court for the Northern District of California became the first court to rule on a motion to dismiss claims...more

Morris James LLP

Chancery Dismisses First-Filed Action Involving Delaware Choice of Law and Forum Selection Clause for Forum Non Conveniens

Morris James LLP on

Focus Fin. Partners, LLC v. Holsopple, C.A. No. 2020-0188-JTL (Del. Ch. Nov. 2, 2020) - Defendant moved on forum non conveniens grounds to dismiss an action brought by a recent hire’s former employer to enforce various...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Long Arms and Sore Backs

This week, the Ninth Circuit explains when courts have personal jurisdiction over foreigners who contract with U.S.-based businesses, and whether severe pain can qualify as a disability under the Longshore and Harbor Workers’...more

Farrell Fritz, P.C.

Forum Non Conveniens - The Recut Gem of Motions to Dismiss

Farrell Fritz, P.C. on

Foreign cities, thieves, and millions of dollars’ worth of missing diamonds. This may sound like the trailer for this summer’s blockbuster action film, but this story of hustling and heisting comes straight from Swissgem S.A...more

McDermott Will & Emery

Where Should This Case Go? Appeals Court Tosses Venue Motion to Dismiss

McDermott Will & Emery on

Addressing for the first time whether a court must consider the adequacy of an alternative forum in its forum non conveniens analysis, the US Court of Appeals for the Federal Circuit affirmed the denial of a defendant’s...more

Dechert LLP

U.S. Court Not Bound by Korean Law Conferring Exclusive Jurisdiction in Shareholder’s Derivative Actions

Dechert LLP on

Shareholder of a Korean corporation (“Cuzco Korea”), the sole member of a chapter 11 limited liability company debtor (“Cuzco USA” or the “Debtor”), brought an adversary proceeding against the Debtor and others, asserting...more

Morris James LLP

Delaware Superior Court Explains Impact Of European Data Rules On Forum Motion

Morris James LLP on

Ethica Corporate Finance S.r.L. v. Dana Incorporated, C.A. No. N17C-10-145 EMD CCLD (August 16, 2018) Under the Cryo-Maid decision, a forum non conveniens motion must consider the impact on a defendant forced to litigate...more

Morris James LLP

Delaware Rejects Adequate Alternative Forum as an Independent Threshold Consideration for Forum Non Conveniens Applications

Morris James LLP on

The Delaware Supreme Court recently issued an important decision clarifying Delaware’s forum non conveniens FNC law in Hupan v. Philip Morris USA, Consol. No. 526, 2016 (Del. 3/22/2018). Delaware FNC law has long permitted...more

Dechert LLP

Restructuring and Insolvency Bulletin: Issue 4 - May 2018: If You Don’t Succeed in Anguilla, Should You Try Again in the US?

Dechert LLP on

Two United States Bankruptcy Judges for the Southern District of New York recently issued a joint opinion addressing common issues raised by motions to dismiss in two separate adversary proceedings – one pending before Judge...more

Farrell Fritz, P.C.

Fugitive Tycoon Guo Wengui, Seeking Asylum in United States, Denied Protection from Creditors’ New York Lawyers

Farrell Fritz, P.C. on

In 2015, Guo Wengui, a/k/a Kwok Ho Wan, a Chinese citizen, billionaire investor and political provocateur, fled China for the United States amid reported investigations by the Chinese government involving several of his...more

Morris James LLP

Delaware Superior Court Denies Dismissal On Forum Non Conveniens

Morris James LLP on

Lincoln Benefit Life Company v. Wilmington Trust N.A., C.A. N17C-08-301 ALR (April 5, 2018) - This decision holds that a case will not be dismissed on forum grounds just because it involves the interpretation of another...more

Troutman Pepper

Use Of The Word “In” Indicates Geography; Use Of The Word “Of” Indicates Sovereignty: Federal District Court In Maryland Holds...

Troutman Pepper on

Pritchett Controls, Inc. v. Hartford Accident & Indemnity Co., 2017 U.S. Dist. LEXIS 192182, 2017 WL 5591872 (D. Md. Nov. 21, 2017) - James W. Ancel, Inc. (“JWA”) was the prime contractor on a project for the Maryland...more

Morris James LLP

Delaware Supreme Court Sets A New Standard And Clarifies The Spectrum Of Forum Non Conveniens Standards

Morris James LLP on

Gramercy Emerging Markets Fund v. Allied Irish Banks P.L.C., No. 49, 2017 (Oct. 27, 2017) - Under the Cryo-Maid factors, a Delaware court may dismiss a suit on forum non conveniens grounds only after the defendant shows...more

Mintz - Arbitration, Mediation, ADR...

Enforcement of International Arbitral Awards in the U.S. – Could a Court Abstain Due To “Inconvenience”?

Forum non conveniens is one of several judicial abstention doctrines, applied from time to time by U.S. courts, that permit a court to dismiss (without prejudice) a plenary action in its discretion. In a forum non conveniens...more

Proskauer Rose LLP

California Federal Court Holds That U.S. Securities Laws Do Not Apply to Unsponsored, Unlisted ADRs

Proskauer Rose LLP on

The U.S. District Court for the Central District of California held on May 20, 2016 that the federal securities laws do not apply to U.S. transactions in unlisted, unsponsored American Depositary Receipts (ADRs) for a foreign...more

Morris James LLP

Court Of Chancery Explains When To Uphold Delaware As A Forum

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

Miles & Stockbridge P.C.

Emphasis on Convenience in Forum Non Conveniens Motions

Although plaintiffs in product liability cases have the first choice in selecting a forum, defendants may be able to challenge the forum by filing a motion to dismiss for forum non conveniens. The general trend of state...more

Littler

New Case Demonstrates the Importance of Forum Selection Clauses

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

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Updated: Dec 28, 2021:

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Privacy Officer
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Sausalito, CA 94965

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