What is a forum non conveniens motion?
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.
Is forum a non conveniens venue?
Forum non conveniens (Latin for “an inconvenient forum”) (FNC) is a mostly common law legal doctrine through which a court acknowledges that another forum or court where the case might have been brought is a more appropriate venue for a legal case, and transfers the case to such a forum.
Can non conveniens waive forums?
Thus, unlike objections to venue, an objection on forum non conveniens grounds is not waived if a defendant fails to raise the issue in its initial responsive pleading.
What is the difference between 1404 and forum non conveniens?
Therefore, section 1404(a) provides a mechanism for enforcement of forum selection clauses that point to a particular federal district. The doctrine of forum non conveniens is the appropriate enforcement method for a forum selection clause that points to a state or foreign forum.
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.
What does a forum selection clause do?
A forum selection clause seeks to provide a court with “personal jurisdiction” and to establish “venue.” Personal jurisdiction is the court’s power to exercise authority over a party. Venue is the physical location where a court exercises its power.
Are forum non conveniens italicized?
Italics are needed for titles of publications, case names and judgments, and are used for captions. Italics may be used sparingly for emphasis if required. Italics are also used for Latin phrases, if specific to law or not commonly known, for example: inter alia forum non conveniens.
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.
What is the test for forum non conveniens?
Latin for “inconvenient forum” this common law doctrine allows a court to dismiss a civil action (even though the forum or venue is proper and the court has jurisdiction over the case and the parties) where an appropriate and more convenient alternative forum exists in which to try the action.
Are forum selection clauses fair?
Forum-selection clauses are common and highly useful features of commercial contracts because they help make any future litigation on a contract more predictable for the parties and, in some cases, less expensive.
What are some reasons that a court would not choose to enforce a forum selection clause?
Additionally, forum-selection clauses are not automatically enforceable if the court finds that the contract is unenforceable because it is unreasonable or unjust to enforce the contract; it is against public policy; or it is the result of fraud or overreaching.
What is forum conveniens in private international law?
In some cases one or more courts will have territorial jurisdiction. In such cases the doctrine of forum conveniens is invoked. The forum conveniens is that which is having the jurisdiction convenient to all to decide the case.
What are the merits of a forum non conveniens motion?
In California, in determining the merits of a forum non conveniens motion, a court must engage in a two-pronged analysis. The first prong is determining whether the suggested alternative forum is a suitable place for adjudicating the action.
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.
What happens if there is no suitable forum for a motion?
If a suitable forum does not exist, the court must deny the motion as a matter of law. Generally, a suitable forum is where a defendant is amenable to process and no procedural bars impede a plaintiff’s claims to be heard in the foreign jurisdiction on their merits.