Is forum non conveniens personal jurisdiction?
(2007), in which it held that a federal court may hear and pass a ruling on a forum non conveniens claim even if that court does not necessarily have subject-matter jurisdiction or personal jurisdiction over the case in front of the court.
Is forum non conveniens in a statute?
CIVIL PROCEDURE SECTION 410.30 California has recently codified the doctrine of forum non con- veniens as part of the broad revision of its law on jurisdiction.
What is inconvenient forum?
Legal Definition of inconvenient forum : an inappropriate or oppressive forum (as one in a distant jurisdiction) for a legal action especially : one to which the doctrine of forum non conveniens is applicable.
Is forum non conveniens an affirmative defense?
Whatever other remedies are also available, such as venue transfer or forum non conveniens, the agreement can be invoked as an affirmative defense—whether in the answer, on summary judgment, or (under the right circumstances) in a motion to dismiss.
How do you prove forum non conveniens?
In order to establish forum non conveniens, a defendant must show that an alternative forum is clearly more appropriate and that, in light of the characteristics of the alternate forum, it would be fairer and more efficient to chose that forum and to deny the plaintiff the benefits of the local forum.
How do you argue forum non conveniens?
The Decision at the Superior Court of Justice v Van Breda, 2012 SCC 17 (“Van Breda”). In Van Breda, the Supreme Court held that there is a non-exhaustive list of presumptive connecting factors which entitle a court to assume jurisdiction over a dispute.
Are forum non conveniens italicized?
‘ Italics are needed for titles of publications, case names and judgments, and are used for captions. Italics are also used for Latin phrases, if specific to law or not commonly known, for example: inter alia forum non conveniens.
What is an inconvenient forum?
What does forum non conveniens mean in law?
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.
Can a court dismiss a case on forum non conveniens?
Overview. 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,…
How is a forum non conveniens decision evaluated?
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).