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Finally, a case may be dismissed because its venue is harshly "unfair" to one or more parties under a doctrine called forum non conveniens, often used in cases where the events took place in a foreign country. Defendants can waive venue at the time of trial (Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165 (1939)). Plaintiffs can waive ...
When a case is filed before a court, the court decides whether it has personal and subject matter jurisdiction, and if so, whether it is the most appropriate forum or venue. Under the doctrine of forum non conveniens , Latin for "inappropriate forum", a judge has a discretion to transfer a case if the court selected is not the most convenient one.
Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981), was a case decided by the United States Supreme Court, in which the court considered the lower court's application of its power of forum non conveniens, a common law legal doctrine whereby courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties.
Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991), was a case in which the Supreme Court held that United States federal courts will enforce forum selection clauses so long as the clause is not unreasonably burdensome to the party seeking to escape it.
The Spiliada or Spiliada Maritime Corp v Cansulex Ltd [1986] UKHL 10, [1987] AC 460 is a leading decision of the House of Lords on the doctrine of forum non conveniens. It has been described as the "seminal case" on jurisdictional issues. [1]
In the world of sports, a stadium, arena or complex will need renovations -- or maybe a new structure altogether. There are typically a few ways to go about financing the construction: public ...
TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017), was a United States Supreme Court case concerning the venue in patent infringement lawsuits. [1]While a 1957 Supreme Court ruling had determined that patent infringement cases were to be tried in the state within which the defendant was incorporated, subsequent changes to Judiciary and Judicial Procedure implemented by ...
The 9th Circuit, based in San Francisco, is no longer the appeals court of choice for liberal legal challenges, due in large part to Trump's first-term appointment of more conservative judges.