We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy. Learn more here.Close Me
United States: Eleventh Circuit Reiterates And Applies Strict Rules For The Exercise Of District Court Discretion In Deciding Forum Non Conveniens Motions
Steven Prophet v. International Lifestyles, Inc., No.
11-12046 (11th Cir. 2011), is a Court of Appeals articulation of an
important issue in international litigation. The issue arises in
many contexts where district courts are given discretion. In this
case the underlying issue relates to the application of the
doctrine of forum non conveniens.
District Courts are given fairly wide discretion in applying the
doctrine of forum non conveniens. However, over time, the need and
utility of having a predictable body of jurisprudence so that
litigants can make more informed choices in deciding where to sue
and whether to make motions to dismiss has led appellate courts to
constrain that discretion by applying rules, presumptions,
categories of relevant considerations, etc. that lower courts are
to apply in exercising their discretion.
In Prophet, the Eleventh Circuit went farther than many
cases, though the Court of Appeals was quoting and following two
recent Eleventh Circuit rulings. The Court of Appeals first said
that it "will reverse a district court's dismissal based
on forum non conveniens only if constitutes a clear abuse of
discretion". However, the Court of Appeals then says that
"by definition" the lower court "abuses its
discretion when it makes an error of law". Then, the Court of
Appeals defined an error of law as follows:
We have explained that dismissal of a complaint based on forum
non conveniens is appropriate where:
the trial court finds that an adequate alternate forum exists
which possesses jurisdiction over the whole case, including all of
the parties;
the trial court finds that all relevant factors of private
interest favor the alternate forum, weighing in the balance a
strong presumption against disturbing plaintiffs' initial forum
choice;
if the balance of private interests is at or near equipoise,
the court further finds that factors of public interest tip the
balance in favor of trial in the alternate forum; and
the trial judge ensures that plaintiffs can reinstate their
suit in the alternate forum without undue inconvenience or
prejudice.
The Eleventh Circuit then reversed the lower court's
decision for saying that it was giving "great weight" to
the plaintiffs choice of forum (the plaintiffs were U.S. citizens,
yet the District Court dismissed the case on forum non conveniens
in any event) but not, in the Court of Appeals mind, actually
applying the heavy presumption in favor of permitting a U.S.
citizen access to a U.S. court.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
A U.S. Appellate court has ruled the former female manager of the Hofstra University football team can’t sue the school, even though repeated sexual harassment by players created a hostile work environment.
On April 16, 2013, the United States District Court for the District of New Hampshire unsealed an "Information" filed by the New Hampshire U.S. Attorney's office against Frank Ku and Danny Hsu, who reside in California.
After an almost 10-year investigation, on May 29, 2013, Total, S.A., the French petroleum company, entered into a deferred prosecution agreement with the US Department of Justice.
On May 30, 2013, the US Treasury Department, Office of Foreign Assets Control issued General License D under the Iranian Transactions and Sanctions Regulations.
On Tuesday, January 2, 2013 President Obama signed into law the FY 2013 National Defense Authorization Act (the "FY 2013 NDAA"), a large legislative package that includes the Iran Freedom and Counter-Proliferation Act of 2012 (the "IFCPA") -- the fourth major legislative expansion of US sanctions against Iran in just the past two years.
On April 11, 2013, the US State Department, Directorate of Trade Controls, issued a final rule amending the International Traffic in Arms Regulations to implement the Defense Trade Cooperation Treaty between the United States and Australia.
