Products liability - forum non conveniens - California Supreme Court rejects consideration of the favorable law of a foreign plaintiff's chosen forum as an element in forum non conveniens analysis
Article Abstract:
The California Supreme Court in Stangvik v Shiley Inc should have denied use of forum non conveniens in product liability actions involving foreign plaintiffs suing domestic corporations. The decision was correct in rejecting favorable law analysis but should have dealt more directly with the underlying motivation. Plaintiffs tend to choose the forum with the most favorable law, and defendants use forum non conveniens as a counter-weapon instead of a valid defense. State legislatures should decide whether they wish to regulate the overseas activities of domestic corporations.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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Civil procedure - forum non conveniens - Fifth Circuit holds Mexico to be an adequate alternative forum despite its $2500 cap on damages for a child's death
Article Abstract:
In the case of Gonzalez v. Chrysler Corp., the US Court of Appeals for the 5th Circuit denied a forum non conveniens claim, ruling that a wrongful death suit against an American corporation should take place in Mexico, despite Mexico's low cap on damages in such suits. The Court's use of comity in reaching this ruling could lead to violations of US public policy.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2003
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Forum non conveniens
Article Abstract:
Monegasque de Reassurances S.A.M. v. Nak Naftogaz is discussed, a 2d Circuit ruling refusing confirmation of a foreign arbitral award on forum non conveniens grounds.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2003
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- Abstracts: Vicarious liability for hostile environment sexual harassment: examining the implications of the Ellerth and Faragher decisions
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