Foreign Plaintiffs in Products Liability Actions: The Defense of Forum Non Conveniens

by Warren Freedman

Overview

This book is directed at practical applications and case law support for invoking forum non conveniens. It begins with a basic discussion of the evolution of the doctrine. The balance of the book is devoted to applying appropriate case law to a variety of situations. Likely opposing arguments, public policy notions, and the relationship of forum non conveniens to jurisdiction and venue are also considered. Virginia Jourbanal of International Law

American multinational corporations face a unique problem with regard to products liability litigation instituted by foreign plaintiffs. In many cases, plaintiffs outside the U.S. file suits in U.S. courts despite the fact that the incident on which the suit is based took place in other countries. Such action is often taken because of features peculiar to the U.S. legal system, including the doctrine of strict liability, the availability of contingency fees for attorneys, and the prevalence of large awards to individuals in products liability cases. This informative study by a legal professional and products liability specialist focuses on a doctrine that can lessen liability exposure for multinational corporations. By successfully petitioning the courts under the doctrine of forum non conveniens, corporations may have court proceedings transferred to another jurisdiction, often outside the U.S., which has a direct connection with the incident and where potential liability exposure is greatly reduced. Following an introductory discussion of the evolution of this doctrine, Freedman documents its use with appropriate case law in a wide variety of situations.

Product Details

ISBN-13:	9780899301891
Publisher:	Bloomsbury Academic
Publication date:	03/30/1988
Pages:	169
Product dimensions:	6.00(w) x 9.00(h) x 0.44(d)

About the Author

WARREN FREEDMAN, member of the New York, Federal, and U.S. Supreme Court Bars, served as corporate counsel to Bristol-Meyers Company for 20 years in addition to his private law practice.

Table of Contents

The Historical Development of the Common Law Doctrine
"Forum-Shopping" or Plaintiff's Choice of Forum
Jurisdiction, Venue, and Forum Non Conveniens
Cases Supportive of Forum Non Conveniens Dismissal
Cases Against Forum Non Conveniens Dismissal
Analysis of Factors Favoring and Not Favoring Application of Forum Non Conveniens
Choice of Law and Conflicts of Law
Governmental Immunities and Forum Non Conveniens
Foreign Plaintiffs Against Foreign Defendants in U.S. Courts
The Bhopal, India Catastrophe: The Defense of Forum Non Conveniens
Bibliography
Index to Cases
Subject Index