Forum Non Conveniens Flashcards

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1
Q

What is the doctrine of forum non conveniens?

A

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

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2
Q

Does the court have to resolve subject matter jurisdiction/personal jurisdiction issues before dismissing on forum non conveniens grounds?

A

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

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3
Q

Who has the burden to invoke forum non conveniens?

A

the D bears a heavy burden in opposing plaintiff’s chosen forum. However, if its not plaintiffs home forum then its less burdensome.

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4
Q

What if the foreign forum does not entertain the suit and then P has passed the statute of limitations?

A

this isnt an issue here

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5
Q

What is the dispute?

A

Petitioner alleged that a bill of lading for a shipment was falsified and resulted in an unwarranted payment.

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