Tag Archives: Forum Non Conveniens

Eighth Circuit Holds That for Forum Non Conveniens Analysis, Court Weighs All Domestic Contacts Against Transfer, Not Just Contacts with the Forum State

In Dibble v. Torax Medical, Inc., No. 24-1385 (8th Cir. Aug. 7, 2025), the Eighth Circuit (in a split decision, Judge Loken dissenting without opinion) reverses an order dismissing a case in the District of Minnesota in favor of venue in the United Kingdom. The panel holds that the district court erroneously focused on theContinue reading “Eighth Circuit Holds That for Forum Non Conveniens Analysis, Court Weighs All Domestic Contacts Against Transfer, Not Just Contacts with the Forum State”

Fourth Circuit Panel Splits Over Whether the Doctrine of Forum Non Conveniens Requires That There Be a Single Foreign Forum Available to Hear the Claim

In AdvanFort Co. v. Zamil Offshore Srvs. Co., No. 24-1007 (4th Cir. Apr. 22, 2025), a Fourth Circuit panel splits 2-1 over whether forum non conveniens can apply when the alternative foreign forum for a case may require filing in two separate courts. “AdvanFort filed a five-count complaint in the district court for the EasternContinue reading “Fourth Circuit Panel Splits Over Whether the Doctrine of Forum Non Conveniens Requires That There Be a Single Foreign Forum Available to Hear the Claim”

First Circuit Holds That Lawsuit Between U.S. Citizens Over a Collision in the South Aegean Sea Belongs in a Stateside Federal Court

In Curtis v. Galakatos, No. 20-1846 (1st Cir. Nov. 29, 2021), the First Circuit reverses dismissal of a personal injury action on forum non conveniens grounds, where the parties are American citizens, but the accident took place in Greece. In 2018, in the area of the Paros-Antiparos Strait, a boat owned by defendant Galakatos (M/VContinue reading “First Circuit Holds That Lawsuit Between U.S. Citizens Over a Collision in the South Aegean Sea Belongs in a Stateside Federal Court”

Defendant Waited Too Long to Move for Forum Non Conveniens, Holds Eighth Circuit

In Hersh  v.  CKE Restaurants Holdings, Inc., No. 19-2794 (8th Cir. Apr. 28, 2021), the Eighth Circuit holds that under any standard of timeliness, the defendants waited too long to raise their forum non conveniens defense – 18 months after the case commenced. The case involved a wrongful death, an electrocution at an indoor playgroundContinue reading “Defendant Waited Too Long to Move for Forum Non Conveniens, Holds Eighth Circuit”