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Article: Cross-jurisdictional forum non conveniens preclusion.
- Article from:
- Harvard Law Review
- Article date:
- June 1, 2008
CopyrightCOPYRIGHT 2008 Harvard Law Review Association. 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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The volume of transnational litigation filed in the United States is growing. (1) Economic globalization has increased the number of claims filed in U.S. courts by plaintiffs seeking relief for injuries suffered abroad, and the doctrine of forum non conveniens--which allows a court to decline to exercise jurisdiction on the ground that it is an inappropriate forum for adjudication of a dispute--is an increasingly prominent tool for judicial management of these cases. (2) Despite heightened judicial and scholarly attention to the problems raised by forum non conveniens, one aspect of the doctrine remains relatively unexplored: what is the preclusive effect of a forum non ...