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Article: Sixth Circuit vacates dismissal on grounds of forum non conveniens holding that lower court should have given U. S. citizen's choice of forum greater deference than that of foreign party and that courts should separately consider each claim to be litigated in its analysis.
- Article from:
- International Law Update
- Article date:
- June 1, 2006
CopyrightCOPYRIGHT 2006 Transnational Law Associates. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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In 1998 Wayne Duha (Plaintiff) agreed to move to Argentina at the request of his employer, Agrium U. S., a subsidiary of Canadian-based Agrium, Inc. (Defendant), to enhance Agrium's Argentine subsidiary, Agroservicios Pampeanos, S.A. (ASP). Plaintiff accepted the position in reliance on certain incentives; these included not only 3,000 stock options but also additional credit for years of service to improve his benefits and any severance pay.
During his two years in Argentina, Plaintiff claims he observed ASP engaging in "shady record-keeping and business practices," including "bribery." Further, Plaintiff alleges that ASP was using his Michigan residence to buy ...