Private Law Theory

I have written more than anyone probably should about forum non conveniens (FNC), but much of it boils down to some commonsense updating of the Gulf Oil factors: acknowledge the effects of changing technology, particularly on travel; require defendants to be specific about their evidentiary burdens; don’t overweight choice-of-law difficulties or docket congestion; don’t second guess plaintiffs’ willingness to undertake some inconvenience of their own; and don’t discount plaintiffs’ choice of an otherwise permissible forum just because they are not locals themselves … (more)

[Maggie Gardner, Transnational Litigation Blog, 10 December 2024]