Forum non Convenient

Forum non conveniens refers to a court’s discretionary power to decline to exercise its jurisdiction where another court, or forum, may more conveniently hear a case. Dismissing a case on forum non conveniens grounds is not a bar for res judicata purposes and, therefore, does not prevent a plaintiff from re-filing their case in the more appropriate forum. This doctrine may be invoked by either the defendant, or sua sponte by the court.

Even if a plaintiff brings a case in an inconvenient forum, a court will not grant a forum non conveniens dismissal unless there is another forum that could hear the case and potentially recover damages. Additionally, courts will not grant a forum non conveniens dismissal where the alternative forum’s judicial system is grossly inadequate. For example, an American court would not grant a forum non conveniens dismissal where the alternative forum was Cuba.

Courts typically use a 2-part test to determine whether they will grant a defendant’s forum non conveniens motion. The first part is a balancing test of both private and public factors, and the second part looks at what adequate alternative courts are available.

Balancing Test
Private Factors
Ease of access to evidence

Interest of the two parties in their connections with the respective forums
The plaintiff’s chosen court would be burdensome to the defendant
If a court finds this factor to be true, then that is often sufficient to dismiss the case and accept a forum non conveniens claim

Ease of obtaining witnesses
Enforceability of judgment
Public Factors
Whether the trial would involve multiple sets of laws, thus potentially confusing a jury
Having juries who may have a connection to the case
Local interest in having local interests heard at home
Having the trial in a place where state laws govern
Adequate Alternative Inquiry Test
The defendant must offer an alternate court that is able to hear the case
The alternate court must have the ability to provide a remedy to the plaintiff
A court will typically only invoke forum non conveniens sua sponte if it meets a 2-step test:

The court is a seriously inappropriate forum.
There is a substantially more appropriate court that is available for the plaintiff’s claim.

Sometimes, courts attach conditions to forum non conveniens dismissals. For example, the court might require the defendant to waive defenses that would prevent the plaintiff from re-filing the suit in the alternative forum. Alternatively, a court might dismiss the case in favor of a foreign court, but only on the condition that the defendant allow discovery.

On appeal, forum non conveniens decisions are evaluated using an abuse of discretion standard.