How can a court determine which forum is more appropriate when more than one forum has jurisdiction?
To determine whether another forum is an adequate alternative, the court must determine whether the alternate forum will hear the case, and whether the defendants may be served with process in the alternate forum. Usually, the latter depends on the jurisdiction of the alternate forum over the defendants.
Is forum non conveniens a motion?
If you get sued in an inconvenient, far-away forum and want the court to consider moving the case to a court closer to home–and you want to flex your Latin proficiency–file a motion for “forum non conveniens.” This common law doctrine allows a court to dismiss or transfer a case, even one filed properly in a …
What does it mean if something is dismissed with prejudice?
Primary tabs. When a court dismisses an action, they can either do so “with prejudice” or “without prejudice.” Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.
Can a court refuse to grant a forum non conveniens dismissal?
Even if a plaintiff brings a case in an inconvenient forum, a court will not grant a forum non conveniens dismissal if there is no other forum that could hear the case, or if the other forum would not award the plaintiff any money even if he or she won.
What is the doctrine of forum non conveniens?
Forum non conveniens is a discretionary power that allows courts to dismiss a case where another court, or forum, is much better suited to hear the case. This dismissal does not prevent a plaintiff from re-filing his or her case in the more appropriate forum. See Res Judicata. This doctrine may be invoked by either the defendant, or by the court.
What happens when forum non conveniens is invoked?
The exercise of forum non conveniens results in the dismissal of the case, but does not prevent the plaintiff from filing the case in a different court, usually the one the original court recommends. Interestingly, forum non conveniens may be invoked by either the defendant in the case, or the court itself.
How is a forum non conveniens decision evaluated on appeal?
On appeal, forum non conveniens decisions are evaluated using an abuse of discretion standard. The Supreme Court considered forum non conveniens in Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981).