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The Forum Non Conveniens Decision

By Eric Lasker

In Part One of this article, Section 1 discussed the considerations both pro and con for forum non conveniens motions, and explained why the traditional calculus favoring such motions is changing. Section 2 presented two recent case studies in which successful forum non conveniens motions backfired against the defendants and placed them in a far more dangerous litigation posture. Section 3 herein explains how defendants who have elected to stay in U.S. courts have used the strengths of the U.S. judicial system to expose the factual gaps, and in some cases outright fraud, that formed the basis of many of the foreign claims that have been imported to U.S. shores.

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