Is forum non conveniens a 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.
How do you prove forum non conveniens?
A party seeking to dismiss a case for forum non conveniens must show that an alternative forum is (1) available; (2) adequate; and (3) more convenient in light of the public and private interests involved.
Can non conveniens waive forums?
Rule 12(h) provides that a party waives an improper venue defense if it is not raised in its initial responsive pleading. 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 principle of forum non conveniens?
On the matter of pleading forum non conveniens, we state the rule, thus: Forum non conveniens must not only be clearly pleaded as a ground for dismissal; it must be pleaded as such at the earliest possible opportunity. Otherwise, it shall be deemed waived.
What is the difference between venue and forum non conveniens?
As discussed above, the doctrine of forum non conveniens can be employed when the venue, albeit proper, is inappropriate, inconvenient, or unacceptable for various reasons. It is for a court to determine, on a case by case basis, whether it is the proper venue in which to hear the action.
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.
Is forum non conveniens in the Frcp?
§ 1406(a) or Federal Rule of Civil Procedure (FRCP) 12(b)(3). A contractual forum selection clause may be enforced by a motion to transfer under 28 U.S.C. §1404(a), the codification of the doctrine of forum non conveniens.
Is forum non conveniens an affirmative defense?
Second, forum selection can be raised as a 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 difference between forum non conveniens and 1404?
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.
Are forum selection clauses enforceable?
v. Shute, the Court stated that a forum selection clause contained in a form contract is generally enforceable. Therefore, the mere fact that a form contract is not the product of negotiation and bargaining likely does not constitute an exceptional case under Atlantic Marine.
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.
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.
What is a forum non conveniens?
In the law, the term forum non conveniens refers to the discretionary power of a court to not hear a case that may be more appropriately – or more conveniently – heard in another court.
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).
Can a forum non conveniens dismissal be granted in the US?
Similarly, courts will not grant a forum non conveniens dismissal where the alternative forum’s judicial system is grossly inadequate. For example, an American court would not grant a forum non conveniens dismissal where the alternative forum was Cuba.
What is the 2-step test for forum non conveniens transfer?
When a defendant motions for a forum non conveniens transfer, courts typically use a 2-part test. The first part is a balancing test of both private and public factors, and the second looks at what adequate alternative courts are available. Further, a court will typically only invoke forum non conveniens sua sponte if it meets a 2-step test: