Foreign Plaintiffs in Products Liability Actions: The Defense of Forum Non Conveniens

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Quorum Books, 1988 - Law - 162 pages

This book is directed at practical applications and case law support for invoking forum non conveniens. It begins with a basic discussion of the evolution of the doctrine. The balance of the book is devoted to applying appropriate case law to a variety of situations. Likely opposing arguments, public policy notions, and the relationship of forum non conveniens to jurisdiction and venue are also considered. "Virginia Journal of International Law"

American multinational corporations face a unique problem with regard to products liability litigation instituted by foreign plaintiffs. In many cases, plaintiffs outside the U.S. file suits in U.S. courts despite the fact that the incident on which the suit is based took place in other countries. Such action is often taken because of features peculiar to the U.S. legal system, including the doctrine of strict liability, the availability of contingency fees for attorneys, and the prevalence of large awards to individuals in products liability cases. This informative study by a legal professional and products liability specialist focuses on a doctrine that can lessen liability exposure for multinational corporations. By successfully petitioning the courts under the doctrine of forum non conveniens, corporations may have court proceedings transferred to another jurisdiction, often outside the U.S., which has a direct connection with the incident and where potential liability exposure is greatly reduced. Following an introductory discussion of the evolution of this doctrine, Freedman documents its use with appropriate case law in a wide variety of situations.

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The Historical Development of the Common Law Doctrine
Cases Against Forum Non Conveniens Dismissal
Analysis of Factors Favoring and Not Favoring Application

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About the author (1988)

WARREN FREEDMAN, member of the New York, Federal, and U.S. Supreme Court Bars, served as corporate counsel to Bristol-Meyers Company for 20 years in addition to his private law practice.

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