You know you’re talking to a lawyer when a relatively simple concept like “inconvenient forum” becomes “forum non conveniens.”
We lawyers have our own language, but at Enjuris, we believe you should understand your rights without needing a legal dictionary.
So, let’s break down the doctrine of forum non conveniens in a way that makes sense.
What is forum non conveniens?
Forum non conveniens is a legal doctrine that allows a court to dismiss a case if another court would be more convenient. This dismissal doesn't mean the plaintiff can't refile their case; it simply ensures that litigation takes place in the most appropriate location.
By considering factors like convenience, fairness, and efficiency, courts use this doctrine to make sure cases are heard where they can be most effectively and justly resolved.
Consider the following hypothetical:
You’re injured in a car accident while on vacation in another state. You decide to file a lawsuit against the other driver in their home state because that's where they reside. However, the defendant argues that the case should be heard in the state where the accident occurred because most of the witnesses and evidence, such as police reports, medical records, and accident scene investigations, are located there.
In this scenario, the court may grant the defendant's request for forum non conveniens, deciding that the case should be heard in the state where the accident occurred because it's more convenient and appropriate for everyone involved.
The two-part test for forum non conveniens
Courts typically use a two-part test to determine whether to grant a forum non conveniens request. The first part considers the availability of an adequate alternative forum, while the second part examines the private and public interest factors.
Let’s take a closer look at both parts.
Adequate alternative forum in determining forum non conveniens
The first part of the test is to determine whether there is an adequate alternative forum where the case can be heard. This means the alternative forum must have jurisdiction over the case and be capable of providing a fair remedy to the plaintiff.
If no such forum exists, the request for forum non conveniens will be denied.
Private and public interest factors in determining forum non conveniens
If an adequate alternative forum exists, the court will weigh various private and public interest factors to determine whether to dismiss the case in favor of the alternative forum.
Private interest factors focus on the convenience of the parties involved, whereas public interest factors consider the interest of the judicial system and the public.
Private interest factors
- Ease of access to evidence
- The parties connections with the respective forums
- Whether the plaintiff's chosen court would be burdensome to the defendant
- Ease of obtaining witnesses
- Enforceability of judgment
Public interest factors
- Whether the trial would involve multiple sets of laws, thus potentially confusing a jury
- Having juries who may have a connection to the case
- Local interest in having localized controversies decided at home
- Having the trial in a place where state laws governs
Conditions attached to forum non conveniens
Sometimes, a court will grant a forum non conveniens request with certain conditions attached. These conditions ensure that the alternative forum is truly adequate and that the parties are not unfairly disadvantaged.
For example, the court might require the defendant to:
- Agree to submit to the jurisdiction of the alternative forum.
- Waive any statute of limitations defenses that might bar the case in the alternative forum.
- Ensure the plaintiff can enforce any judgment obtained in the alternative forum.
These conditions help balance the interests of both parties and ensure that justice is served.
Notable forum non conveniens cases
Several landmark cases have shaped the doctrine of forum non conveniens in the United States. Here are a few notable examples:
- Gulf Oil Corp. v. Gilbert (1947): A fire in Virginia destroyed the plaintiff’s warehouse. The plaintiff, a Virginia resident, sued Gulf Oil Corp. in New York, where the company had a substantial business presence. Gulf Oil Corp. requested dismissal based on forum non conveniens, arguing that Virginia was a more appropriate forum. The U.S. Supreme Court agreed, setting forth the private and public interest factors that courts should consider in such cases.
- Piper Aircraft Co. v. Reyno (1981): A small aircraft crashed in Scotland, killing several Scottish citizens. The plaintiffs filed a lawsuit in the United States against the aircraft manufacturer, Piper Aircraft Co., and the propeller manufacturer, Hartzell Propeller Inc. The defendants moved to dismiss the case based on forum non conveniens, arguing that Scotland was a more appropriate forum. The U.S. Supreme Court upheld the dismissal, emphasizing the importance of weighing private and public interest factors.
- Sinochem International Co. v. Malaysia International Shipping Corp. (2007): The plaintiff, Malaysia International Shipping Corp., sued Sinochem International Co. in a U.S. court. Sinochem argued that the case should be dismissed based on forum non conveniens in favor of a Chinese court. The U.S. Supreme Court ruled that a court may dismiss a case based on forum non conveniens without first determining whether it has jurisdiction, provided that the forum non conveniens dismissal would be proper.
At Enjuris, we strive to demystify legal terms and provide you with the information you need to understand your rights and options. So, the next time you hear a lawyer mention forum non conveniens, you'll know exactly what they mean.