Forum Non Conveniens

1,213 Florida cases classified under this topic · sorted by citation count

• Superior Hospitality Mgmt., LLC v. Pac. Gateway Concessions, LLC
  120 So. 3d 211· Fla. 5th DCA· 2013-08-23
  Superior Hospitality Management appealed the trial court's denial of its motion to dismiss or stay on grounds of forum non conveniens. The appellate court reversed and remanded because the trial court's order lacked meaningful analysis and did not clearly show application of the
• Delgado v. Delta Air Lines, Inc.
  2013 U.S. Dist. LEXIS 189021· S.D. Fla.· 2013-08-20
  The court held that while the doctrine of forum non conveniens is applicable, the defendant failed to demonstrate that an adequate alternative forum is available in France due to conflicting interpretations of the Montreal Convention by French and U.S. courts.
• Montgomery v. Oberti
  1991 WL 70650· S.D. Fla.· 2013-05-16
  The court held that the Bahamas is a more appropriate and convenient forum for the action, and therefore dismissed the case on the grounds of forum non conveniens.
• McLane v. Marriott Int'l, Inc.
  818 F. Supp. 2d 1277· S.D. Fla.· 2013-04-30
  The court held that dismissal on forum non conveniens grounds was appropriate because the private and public interest factors, despite the presumption favoring U.S. plaintiffs, weighed in favor of litigation in Costa Rica.
• Landesbank Baden- Wurttemberg v. Civil Action No. 7933-VCG Walton Seattle Mezz Holdings Vi-B, L.L.C
  Del. Ch.· 2013-04-01
  The court held that the Delaware action should be stayed in favor of the first-filed Washington action. The court found that the issues in the Delaware action were substantially the same as those that were raised or should have been raised in the Washington action, and that the W
• GDG Acquisitions LLC v. Gov't of Belize
  1990 WL 168338· S.D. Fla.· 2013-03-28
  The court held that dismissal was warranted under the doctrines of forum non conveniens and international comity, as Belize provided an adequate alternative forum and its interests outweighed those of the United States.
• Romero v. Toyota Motor Corp.
  499 F. Supp. 2d 437· S.D. Fla.· 2013-01-07
  The court held that the plaintiffs failed to present substantial evidence of Toyota's actual knowledge of a roof defect, thus their claims were barred by the statute of repose.
• In & for New Castle Cnty. Jose Rufino Canales Blanco v. Amvac Chem. Corp.
  Del. Super. Ct.· 2012-08-08
  The Delaware statute of limitations was tolled by the pendency of a class action in another jurisdiction, and the plaintiff's claim is not barred. The court rejected arguments against cross-jurisdictional tolling, a mass tort exception, and the finality of a prior federal forum n
• Hall v. Maritek Corp.
  Del. Super. Ct.· 2011-09-12
  The court granted the defendants' motion to dismiss, finding that Delaware was an inappropriate forum for the plaintiff's tort claims under the doctrine of forum non conveniens. The court determined that the substantial connection of the case to the Bahamas, the inconvenience and
• QVT Fund LP v. Eurohypo Cap. Funding LLC I
  Del. Ch.· 2011-07-08
  The Court denied the defendants' motion to dismiss, finding that the plaintiffs had stated claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The Court held that the interpretation of whether the bank's participation certificates qual
• Prophet v. Int'l Lifestyles, Inc.
  778 F. Supp. 2d 1358· S.D. Fla.· 2011-03-31
  The court held that Jamaica is an adequate and available alternative forum, and that the private and public interest factors weigh in favor of dismissal on the grounds of forum non conveniens.
• Gould v. Civil Action No. 3332-VCP JAY Stephen Gould & Andrew Clark Gould
  Del. Ch.· 2011-01-07
  The Court of Chancery granted the respondents' motion to amend their counterclaim and add a third-party complaint. The court found that the proposed amendments were not futile, that personal jurisdiction existed over the petitioners and the third-party defendant, and that Delawar
• IN & FOR NEW Castle Cnty. Edward Ward v. [Unknown]
  Del. Super. Ct.· 2010-11-30
  The court granted the defendants' motion to dismiss on the grounds of forum non conveniens, finding that litigating the personal injury suit in Delaware would impose an overwhelming hardship on the defendants. The court concluded that while the plaintiff's choice of forum is gene
• ITL Int'l Inc. v. Walton & Post, Inc.
  741 F. Supp. 2d 1313· S.D. Fla.· 2010-09-29
  The court held that it should abstain from exercising jurisdiction over the case based on international comity due to parallel proceedings in the Dominican Republic.
• McLane v. Marriott Int'l, Inc.
  777 F. Supp. 2d 1302· S.D. Fla.· 2010-05-06
  The court held that Herradura and ESR lacked sufficient minimum contacts with Florida for personal jurisdiction, and thus granted their motions to dismiss. Marriott's motion to dismiss based on forum non conveniens was also granted.
• Lisa, S.A.
  Del.· 2010-04-20
  The Delaware Supreme Court affirmed the Court of Chancery's dismissal of the plaintiff's complaint on forum non conveniens grounds. The Court held that the Delaware action was not the first-filed suit and therefore the McWane doctrine applied, allowing dismissal in favor of a pri
• Parker Knoxville, Inc. v. Bcom Real Est. Fund, LLC
  25 So. 3d 1251· Fla. 3d DCA· 2010-01-20
  The court held that the defendant failed to demonstrate that Tennessee was a more convenient forum than Florida for litigation.
• Choice Hotels Int'l, Inc. v. Civil Action No. 4353-VCP Columbus-Hunt Park DR. BNK Invs., L.L.C.
  Del. Ch.· 2009-10-15
  The Delaware Court of Chancery granted a motion to stay a Delaware action in favor of an earlier-filed Maryland action. The court found that the first-filed rule applied, principles of comity and efficient administration of justice required a stay, and the Maryland courts were ca
• Lecroy Corp.
  Del. Ch.· 2009-10-07
  The Court granted the motion to dismiss for lack of personal jurisdiction over Hallberg, finding that the plaintiff failed to establish that Hallberg had reason to know of the Delaware act or effect required for the conspiracy theory of jurisdiction. The Court denied the motion t
• IN & FOR NEW Castle Cnty. Refugio Cano Pena
  Del. Super. Ct.· 2009-03-31
  The Delaware Superior Court denied the defendants' joint motion to dismiss on the grounds of forum non conveniens. The court found that the defendants failed to establish that Mexico was an available alternative forum, as required by the doctrine, due to issues with 'competencia'
• M.M.F./Adoption Entity v. K.O.
  4 So. 3d 39· Fla. 1st DCA· 2009-02-12
  In an adoption case, the appellate court reversed a trial court's sua sponte order transferring venue of a termination of parental rights petition from Leon County to Taylor County. The reversal was based on the appellee's prior execution of a valid waiver of venue objection, whi
• Hunt v. Hooper
  996 So. 2d 940· Fla. 2d DCA· 2008-12-12
  The Children appealed a trial court's dismissal of their undue influence and breach of fiduciary duty claims against the Trustee under Florida's forum non conveniens statute for trusts (section 737.203). The court reversed, holding that section 737.203 applies only to trusts with
• Sprint Nextel Corp.
  Del. Ch.· 2008-10-08
  The court granted the defendants' renewed motion to stay the Delaware proceedings in favor of a concurrent action in Illinois. The court found that changed circumstances, including a colorable challenge to its subject matter jurisdiction and the Illinois court's decision to proce
• Benjamin v. CR Hancock Bridge, LLC
  988 So. 2d 685· Fla. 4th DCA· 2008-07-30
  The court held that the trial court did not abuse its discretion in transferring venue based on witness inconvenience.
• Sprint Nextel Corp.
  Del. Ch.· 2008-07-14
  The Delaware Court of Chancery held that it lacked personal jurisdiction over defendants Horizon and Bright because their prior litigation in Delaware did not constitute consent to jurisdiction for the current dispute, nor did the current action arise from their prior jurisdictio
• Burger King Corp. v. Quash
  971 So. 2d 140· Fla. 5th DCA· 2007-11-30
• In re W. Caribbean Airways, S.A.
  619 F. Supp. 2d 1299· S.D. Fla.· 2007-09-27
  The court held that Newvac is a 'contracting carrier' under the Montreal Convention and that the doctrine of forum non conveniens can be applied in cases arising under the Convention.
• Carin Inge-Marie Malkin-Rosmer v. Hans Rosmer
  993 So. 2d 977· Fla. 2d DCA· 2007-09-07
• Gerri Lynn Fihe v. Rexall Sundown, Inc.
  966 So. 2d 415· Fla. 4th DCA· 2007-08-29
  In these consolidated wrongful death and personal injury appeals arising from deaths and injury allegedly caused by the dietary supplement Metab-O-LITE, the court reversed dismissal of the Fihe case based on an untimely forum non conveniens motion but affirmed dismissal of the Ja
• In & for New Castle Cnty. Eleanore Diedenhofen-Lennartz
  Del. Ch.· 2007-08-08
  The Delaware Court of Chancery granted the defendant's motion to stay the proceedings in favor of prior-filed actions in Germany, Canada, and California. The court found that these prior actions involved substantially the same parties and issues, and that the foreign courts were
• IN & FOR NEW Castle Cnty. JAN Brandin v. C.A. No. 2123-VCL Darwin Deason
  Del. Ch.· 2007-07-20
  The Delaware Court of Chancery denied the defendants' motion to stay the derivative action in favor of a later-filed Texas federal court proceeding. The court found that substantial unsettled issues of Delaware law were involved, and the defendants' claims of inconvenience were d
• TMW Corp. v. D & D Enters., Inc.
  932 So. 2d 494· Fla. 4th DCA· 2006-06-14
  TMW Corporation appealed the trial court's denial of its motion to dismiss for forum non conveniens in a breach of contract dispute over defective airplane landing gear documentation. The Fourth District affirmed, holding that the trial court properly applied the forum non conven
• The Scotts Co. v. Hacienda Loma Linda
  942 So. 2d 900· Fla. 3d DCA· 2006-06-07
  The court held that the trial court should have granted the motion to dismiss on forum non conveniens grounds because the private and public interest factors weighed heavily in favor of dismissal in Panama.
• Assiff v. Carnival Corp.
  930 So. 2d 776· Fla. 3d DCA· 2006-05-24
  George Assiff sued Carnival Cruise Lines in state court for injuries sustained onboard a cruise ship. The trial court dismissed the complaint based on a forum selection clause in the passenger ticket contract requiring disputes be litigated in federal court or Miami-Dade County s
• In & for New Castle Cnty. Stephen M. Berger v. C.A. No. 1527-N Intelident Solutions, Inc.
  Del. Ch.· 2005-11-30
  The court granted the defendants' motion to dismiss on the ground of forum non conveniens, finding that the defendants met the heavy burden of demonstrating overwhelming hardship and inconvenience if forced to litigate in Delaware. The court concluded that the case involved novel
• IN & FOR NEW Castle Cnty. Todd Kurtin v. Civil Action No. 730-N KRE, LLC
  Del. Ch.· 2005-05-16
  The Delaware Court of Chancery granted the defendants' motion to stay the action, finding that an earlier-filed California action involving the same parties and substantially the same issues was first-filed and that the California court was capable of rendering prompt and complet
• Foxworth Ex Rel. Estate of Durden v. Kia Motors
  377 F. Supp. 2d 1196· N.D. Fla.· 2005-03-30
  The court held that the defendants did not waive their statute of limitations defense beyond a 60-day period, and the plaintiffs' claims were filed outside this period and thus time-barred.
• Davis v. Starfish Ventures Ltd.
  870 So. 2d 918· Fla. 3d DCA· 2004-04-21
• EFiled: Mar 5 2004 IO:58 Filing ID 3216165
  Del. Ch.· 2004-03-02
  The court granted the defendants' motion to stay the derivative action. The court found that the plaintiff's action was substantially identical to prior-filed derivative actions in Alabama and Delaware, and that the prior-filed actions were being competently prosecuted by experie
• Verysell-Holding LLC v. Tsukanov
  866 So. 2d 114· Fla. 3d DCA· 2004-02-11
  The trial court did not err in granting the defendants' motion for enlargement of time to file a motion to dismiss for forum non conveniens, nor in dismissing the action on that basis.
• Emil Ruben Daviran v. Matheson Tri-Gas, Inc.
  858 So. 2d 1214· Fla. 4th DCA· 2003-11-12
  The court reviewed a trial court's dismissal of a personal injury case based on forum non conveniens, with a concurring opinion arguing against dismissal when a plaintiff receives substantial medical treatment in Florida for reasons unrelated to forum shopping.
• Air Turbine Tech., Inc. v. Atlas Copco AB
  124 F. Supp. 695· S.D. Fla.· 2003-09-03
• Ada Violeta Araujo Dejo v. Philip Morris, Inc.
  843 So. 2d 347· Fla. 3d DCA· 2003-04-23
  The court affirmed the trial court's dismissal on forum non conveniens grounds, but clarified that the plaintiff can reinstate the suit in Virginia as stipulated.
• State Farm Fire & Cas. Co. v. Sosnowski
  836 So. 2d 1099· Fla. 5th DCA· 2003-02-07
  State Farm appealed a trial court's denial of its motion to transfer venue on forum non conveniens grounds in a dispute with a Georgia resident over uninsured motorist insurance benefits. The court reversed, finding the trial court abused its discretion by refusing to transfer th
• A.D.M. Prods., Inc. v. Solomon
  831 So. 2d 259· Fla. 3d DCA· 2002-11-27
  The trial court erred by denying a forum non conveniens motion based solely on the presence of local witnesses without conducting a proper analysis.
• Impuls I.D. Internacional v. Psion-Teklogix Inc.
  234 F. Supp. 2d 1267· S.D. Fla.· 2002-11-22
  The court held that it lacked subject matter jurisdiction because the parties lacked complete diversity and there was no federal question jurisdiction under the CISG.
• Trujillo v. Banco Central Del Ecuador
  1995 WL 530118· S.D. Fla.· 2002-03-01
  The court held that while the defendant is entitled to attorney's fees and costs for wasted effort defending the defamation claim, the defendant must provide more detailed, unredacted information to determine which fees are truly wasted and not usable in ongoing Bahamian litigati
• IN & FOR NEW Castle Cnty. Bigelow/Diversified Secondary : P'ship Fund 1990 v. C.A. No. 16630-NC Damson/Birtcher P'rs
  Del. Ch.· 2001-12-04
  The Court of Chancery granted the moving defendants' motion to dismiss the breach of contract claim, finding they were not parties to the agreements. However, the court denied the motions to dismiss the breach of fiduciary duty claims, holding that allegations of control over par
• Bestor v. Costa Crociere
  128 F. Supp. 2d 1356· S.D. Fla.· 2000-10-25
  The court held that in diversity actions, federal courts must apply state forum non conveniens law when it is more restrictive than federal law, to prevent forum shopping and ensure equitable administration of justice.
• F--
  Del. Ch.· 2000-07-20
  The Court granted the defendants' motion to stay the Delaware action in favor of an earlier-filed, consolidated class action in the Northern District of California. The Court found that the California action was capable of providing prompt and complete justice, involved substanti