|
|
Article: Towards global convenience, fairness, and judicial economy: an argument in support of conditional forum non conveniens dismissals before determining jurisdiction in United States federal district courts.
- Article from:
- Vanderbilt Journal of Transnational Law
- Article date:
- October 1, 2008
- Author:
CopyrightCOPYRIGHT 2008 Vanderbilt University, School of Law. 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)
|
ABSTRACT
The Supreme Court held in Sinochem Int'l Co. Ltd. v. Malaysia Int'l Shipping Corp., that federal district courts can dismiss cases under forum non conveniens before determining jurisdiction. The facts of Sinochem did not allow the Court to determine whether a court may conditionally dismiss under forum non conveniens before determining jurisdiction, but this Note argues that district courts should be able to do so. The issue of conditional dismissal before jurisdiction arises only where subject matter or personal jurisdiction is difficult to determine, forum non conveniens factors weigh heavily in favor of dismissal, and the district court intends to ...