Forum Non Conveniens Flashcards
What is the doctrine of forum non conveniens?
A federal district court may dismiss an action if a court abroad is the more appropriate and convenient forum for adjudicating the controversy
based on convenience for parties/court and location.
Here, most of the dispute arose outside of the US
Does the court have to resolve subject matter jurisdiction/personal jurisdiction issues before dismissing on forum non conveniens grounds?
No. a federal court has discretion to dismiss when al alternative forum has jurisdiction to hear the case and trial in the chosen forum would establish oppressiveness and vexation to the D out of all proportion to the Ps convenience or the chosen forum is inappropriate because of considerations affecting the courts own administrative and legal problems.
if jurisdiction is a difficult matter, the court can take the less burdensome route and dismiss the case for forum non conveniens
Who has the burden to invoke forum non conveniens?
the D bears a heavy burden in opposing plaintiff’s chosen forum. However, if its not plaintiffs home forum then its less burdensome.
What if the foreign forum does not entertain the suit and then P has passed the statute of limitations?
this isnt an issue here
What is the dispute?
Petitioner alleged that a bill of lading for a shipment was falsified and resulted in an unwarranted payment.
