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What are the public factors considered in establishing forum non conveniens?

Bar Exam Prep Civil Procedure Venue What are the public factors considered in establishing forum non conveniens?
🤤 Civil Procedure • Venue CIVPRO#024

Legal Definition

(1) Administrative difficulties flowing from court congestion; (2) the local interest in having localized controversies decided at home; (3) the interest in having the trial of a diversity case in a forum that is at home with the law that must govern the action; (4) the avoidance of unnecessary problems in conflict of laws, or in the application of foreign law; and (5) the unfairness of burdening citizens in an unrelated forum with jury duty.

Plain English Explanation

In deciding whether a case should be dismissed based on forum non conveniens, courts consider several public factors to determine whether another venue would be more appropriate. These factors help balance fairness and efficiency in judicial proceedings:

(1) Administrative difficulties from court congestion: Courts consider how busy they are and whether adding a new case would cause significant delays. A court with a heavy caseload might not be the best place to hear a new case, especially if another venue has more capacity to handle the matter efficiently.

(2) Local interest in having localized controversies decided at home: When a dispute is closely tied to a specific community, that community has a strong interest in resolving the case. For example, if an event like an environmental accident happens in a particular town, it makes sense for the case to be heard there, where it directly affects local people and businesses.

(3) Interest in having the trial of a diversity case in a forum that is familiar with the governing law: Courts prefer to hear cases where they are familiar with the relevant laws. For example, if a case involves the laws of a particular state, it’s preferable for a court in that state to handle it because that court is best equipped to apply its own laws.

(4) Avoidance of unnecessary problems in conflict of laws or applying foreign law: If a case involves complex issues of foreign or out-of-state laws, it can be more efficient and appropriate to transfer the case to a forum where the law in question is regularly applied. This helps prevent legal misinterpretations and confusion over how to apply foreign rules.

(5) Unfairness of burdening citizens in an unrelated forum with jury duty: It’s unfair to require citizens in a forum with little to no connection to the case to serve on a jury. Courts aim to avoid burdening unrelated communities with cases that have no impact on their local interests or concerns.

Hypothetical

Hypo 1: Bob, a resident of California, owns an airplane manufacturing facility in California. He ships airplanes around the world. One day, one of Bob's airplanes is involved in a crash in Scotland involving Scottish citizens. The survivors and victims of the crash bring a suit against Bob in a California federal court. Result: Bob would likely be successful in invoking forum non conveniens because it doesn't make sense to hear the case in a California federal court even though jurisdiction is proper. Bob would argue that this case involves Scottish citizens, flying in Scottish airplanes, who experienced a crash within Scottish territory. The evidence of the crash is in Scotland, as is the evidence of whatever may have caused the crash. Further, the witnesses are in Scotland, as are the victims and their families. It would be super inefficient to try to hold the trial in California when everything about the case is in Scotland. Moreover, Scotland has an interest in pursuing justice for their citizens, and so it is unfair to deprive their court system of an opportunity to hear the case. On the flip side (and you will often have to argue the other side), the Scottish victims may want to have the case heard in a California federal court because there is an opportunity to have higher damages awarded. Thus, the court will hear these arguments and, in the end, likely grant forum non conveniens, which means that the case is dismissed but the parties are free to pursue it in another court with jurisdiction, like in Scotland. Note: the reason that the court can't transfer the case to Scotland is because Scotland and California are completely different court systems with no ability to transfer a case between them. There's no link between the two systems to move one case from another, so it must be brought again by the plaintiffs, starting over from scratch.

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What are the public factors considered in establishing forum non conveniens?
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