What is a forum non conveniens motion?
Overview. Forum non conveniens is a discretionary power that allows courts to dismiss a case where another court, or forum, is much better suited to hear the case. This dismissal does not prevent a plaintiff from re-filing his or her case in the more appropriate forum.
Are forum non conveniens italicized?
Italics are needed for titles of publications, case names and judgments, and are used for captions. Italics may be used sparingly for emphasis if required. Italics are also used for Latin phrases, if specific to law or not commonly known, for example: inter alia forum non conveniens.
What is the difference between jurisdiction and forum?
A forum selection clause seeks to provide a court with “personal jurisdiction” and to establish “venue.” Personal jurisdiction is the court’s power to exercise authority over a party. Thus, a forum selection clause seeks to provide a court located in a specific location with the power to resolve a dispute.
What is a forum legally?
A forum is a public place, especially one devoted to debate or public speech; a place of speech. Forum may also refer to the jurisdiction and court or other tribunal in which a dispute is heard.
Are forum selection clauses fair?
v. Shute, the Court stated that a forum selection clause contained in a form contract is generally enforceable. Therefore, the mere fact that a form contract is not the product of negotiation and bargaining likely does not constitute an exceptional case under Atlantic Marine.
Why would a court not enforce a forum selection clause?
Additionally, forum-selection clauses are not automatically enforceable if the court finds that the contract is unenforceable because it is unreasonable or unjust to enforce the contract; it is against public policy; or it is the result of fraud or overreaching.
What is a non public forum?
Nonpublic forums are forums for public speech that are neither traditional public forums nor designated public forums.
Can a court refuse to grant a forum non conveniens dismissal?
Even if a plaintiff brings a case in an inconvenient forum, a court will not grant a forum non conveniens dismissal if there is no other forum that could hear the case, or if the other forum would not award the plaintiff any money even if he or she won.
What is forforum non conveniens?
Forum non conveniens is a discretionary power that allows courts to dismiss a case where another court, or forum, is much better suited to hear the case.
What is forum non conveniens in a civil case?
The Supreme Court considered forum non conveniens in Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981). In that case, the Court held that so long as there was a remedy available in the alternate forum, it did not matter if the remedy was clearly insufficient.
What is a forum non conveniens change of venue?
For example, a forum non conveniens change of venue would not be appropriate if the alternative forum (court) was located in a country that has a broken judicial system, such as Venezuela. Rather than issuing a denial of forum non conveniens dismissal for venue change, the court may grant the request, subject to certain, specific conditions.