Free Newsletter
Jurisdiction – Forum non conveniens
Tom Egan//July 1, 2014//
Listen to this article
Where a plaintiff corporation has brought suit against a Danish defendant who while working for the plaintiff on a freelance basis allegedly failed to return valuable equipment lent to him, the complaint should not be dismissed on forum non conveniens grounds.
“… [D]efendant has failed to establish that an adequate alternative forum to hear this case exists. …
“In sum, the private- and public-interest factors that defendant has cited in support of his motion do not strongly favor litigation in an alternative forum. Indeed, considering all of the relevant factors, it appears that Massachusetts is a more practical, convenient, and efficient forum, and in any event, it is the forum that plaintiff chose. Accordingly, the motion to dismiss on the ground of forum non conveniens will be denied.”
Nordost Corporation v. Kristensen (Lawyers Weekly No. 02-329-14) (8 pages) (Saylor, J.) (USDC) (Civil No. 14-10179-FDS) (June 27, 2014).
Click here for the full-text opinion.
Related Content
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
