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10 Cards in this Set

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  • Back
Has forum non conveniens doctrine ever been developed in civil-law countries?
What are the 3 important cases for forum non conveniens?
1) Piper Aircraft v. Reyno
2) Bolivia v. Philip Morris
3) Union Carbide Corp. Gas Plant Disaster at Bhopal, India
What are the PRIVATE interests of the litigant that the SCOTUS said should be considered in forum non conveniens analysis?
• Relative ease of access to sources of proof
• The availability of a compulsory process for securing the attendance of uncooperative witnesses
• Possibility of viewing the relevant premises
• Other practical problems which will allow the trial to be easy, expeditious, and inexpensive
• The enforceability of a judgment if obtained
What are the PUBLIC interests that the SCOTUS said should be considered in forum non conveniens analysis?
• Administrative difficulties that arise when litigation is piled up in congested centers instead of being handled at the origin
• Imposing jury duty on the people of a community that has no relation to the litigation
• The desire to have localized controversies decided at home
• Not burdening courts with complex conflicts of law problems and with applying a law that is foreign to them
What is likely the most important factor in determining forum non conveniens in U.S. courts?
The citizenship of the plaintiff. There is a presumption in favor of a U.S. citizen’s choice of a U.S. forum in forum non conveniens analysis.
Latin American Parliament (Parlatino)
Organization of a few members of some of the Latin American legislatures apparently organized after a U.S. federal district court dismissed a case on forum non conveniens grounds involving plaintiffs from 12 Latin American countries.
How does the Parlatino attempt to help Latin American plaintiffs get around U.S. forum non conveniens rulings?
By various methods, the courts of these countries refuse to hear particular cases. The plaintiffs then take these judgments back to U.S. courts and ask for reassertion of jurisdiction based on unavailability of an appropriate court in their own country.
Piper Aircraft v. Reyno
SCOTUS reaffirmed broad discretion given to trial courts to determine the forum non conveniens issue and only if there is an abuse of that discretion will a district court’s decision be disturbed.
Bolivia v. Philip Morris
Bolivia sued in random Texas court for health care costs as a result of tobacco use by its citizens.
• Dismissed under FNC
• There has to be at least some connection w/ the chosen court for it not to be immediately dismissed or transferred based on FNC
Union Carbide Corp. Gas Plant Disaster at Bhopal, India
• Defendant in personal injury action sought to dismiss on the grounds of FNC
• Court granted dismissal, but said that rules of discovery had to be reciprocal
• A US court can't impose it's systems and laws selectively on a foreign court.