for years to have the cases dismissed on forum non conveniens
One of the largest possible barriers to accessing remedy for transitory torts in the United States is the doctrine of forum non conveniens
(FNC), which is governed individually by states.
After looking at the relevance of recent changes in personal jurisdiction law for ATS suits, the Article will examine statutes of limitations and tolling rules, forum non conveniens
, exhaustion of remedies, and comity.
52) Unterweser invoked the forum selection clause and moved for dismissal due to lack of jurisdiction or on forum non conveniens
(53) grounds in the alternative, while initiating an identical action in the forum agreed to within the contract.
The four concurring Justices were thus correct to signal that ATS jurisdiction may be subject on a case-by-case basis to doctrines of exhaustion of foreign remedies, forum non conveniens
, comity toward other sovereign nations, and due deference to the foreign policy views of the executive branch.
Further, the bill would have overturned the traditional forum non conveniens
choice of forum and choice of law to forum non conveniens
, the Foreign
1996), that out-of-state residents are entitled to the same strong presumption in initial choice of forum as Florida residents, that the public interest test must always be applied in forum non conveniens
analysis and that the public interest test favors Florida retaining jurisdiction when there are Florida defendants, who regularly appear before Florida courts and may have violated duties imposed by Florida law.
courts have also used the procedural doctrine forum non conveniens
239) Sovereign immunity, (240) the political question doctrine, (241) statutes of limitations, (242) and forum non conveniens
(243) have been successfully invoked by ATS defendants in support of dismissal, even if the violation alleged is one that would otherwise be allowed under the narrow, post-Sosa interpretation of the ATS.
2001), Justice Rakoff was presented with a classic conflict of laws scenario leading him to dismiss the claim due to international comity and forum non conveniens
, given that the case clearly had a stronger link to Ecuador.
In these cases, the author expects that the following tools will be used: (1) forum non conveniens
principles; (2) the broad case management powers afforded class proceedings judges; (3) inter-jurisdictional cooperation between judges.