- Plane crash in Scotland but π from U.S.
- Filed suit in CA due to "better" tort regime.
- Δ first moves to transfer under §1404(a) to PA where factory located (evidence there; more friendly to Δ).
- Once in PA, moves to dismiss for forum non conveniens.
- Choice of law might be confusing and all witnesses and evidence in Scotland. American interest was not sufficient.
- So court granted the motion and effectively sent the case to Scottish courts.
- Forum non conviens:
- Court may dismiss the case when an alternate forum has jurisdiction and would cause oppressiveness and vexation to Δ out of proportion to π's convenience.
- Chosen forum is inappropriate because of considerations affecting courts (e.g., applying Scottish law).
Forum Non Conveniens
Forum Non Conveniens and Piper Aircraft