Is forum a non conveniens?
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.
Is forum non conveniens a transfer or dismissal?
When a forum non conveniens motion is granted, the case is not dismissed; instead, pursuant to 28 U.S.C. § 1404(a), the case is transferred to the adequate alternative forum.
What is the purpose of forum non conveniens?
Forum non conveniens is a legal doctrine which allows a court to decline to exercise its jurisdiction over a lawsuit, on the basis that a court in another forum, or jurisdiction, is more suitable or convenient.
What is the difference between 1404 and 1406?
1406(a) and, in the alternative, ask the court to transfer the case to judicial district they prefer. Unlike §1404, venue was originally improper. Federal courts will only transfer a case under §1406 to another federal judicial district. The case will either be dismissed or transferred to another federal district.
What does a forum selection clause do?
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. Venue is the physical location where a court exercises its power.
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 discretionary power of forum non convenience?
This signifies a discretionary power exercised by the common law courts to refuse to hear any case brought before it. The court exercises this power when it is convinced that there is a more appropriate forum available to the parties. The defendant may move to dismiss an action on the ground of Forum Non Convenience.
How to conclude on a forum non convenience motion?
To conclude on the forum non convenience motion, defendant must show the court a compelling reason to change jurisdiction. If transferring the case may shift the inconvenience from one party to another the court may not alter the plaintiff’s choice of forum To grant a Forum Non Convenience motion, the court considers the following factors: