Forum Non Conveniens

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

• Alexander v. McCARTHY
  752 So. 2d 1290· Fla. 2d DCA· 2000-03-24
• IN & FOR NEW Castle Cnty. IM2 Merchandising & Mfg., Inc.
  Del. Ch.· 1999-02-15
  The court dismissed claims against Tirex Canada for lack of personal jurisdiction, the breach of fiduciary duty claim for multiple pleading deficiencies, and the remaining claims based on forum non conveniens. The court found that the defendants met the high burden of demonstrati
• Lucien Lallouz v. D.E.T. Card, L.C.
  724 So. 2d 157· Fla. 3d DCA· 1998-12-17
  The court held that the forum selection clause in the underlying contracts applied to the personal guarantees, requiring disputes to be resolved in Dade County.
• Turner v. Koren
  717 So. 2d 119· Fla. 3d DCA· 1998-09-09
• Norman v. Wilks
  154 F.R.D. 117· M.D. Fla.· 1998-07-02
  The court granted the motions to transfer the case to the Middle District of Tennessee, deferring ruling on the motions to dismiss.
• Accetturo v. Am. Fid. Life Ins. Co.
  682 So. 2d 673· Fla. 4th DCA· 1996-11-06
  Accetturo appeals a venue transfer order and American Fidelity appeals a dismissal order in two consolidated cases. The court holds that when venue is transferred on forum non conveniens grounds (rather than improper venue), the moving party must pay the transfer fee under Florid
• Fletamentos Maritimos, S.A. v. Maritima Albatros, S.A.
  859 F. Supp. 396· S.D. Fla.· 1996-10-22
  The court denied the motion for preliminary injunctive relief, finding that the state court's decision on forum non conveniens did not relitigate an issue previously decided by the federal court.
• The Cont'l Ins. Co. v. Kinney Sys., Inc.
  678 So. 2d 511· Fla. 4th DCA· 1996-08-28
  Continental Insurance sued Kinney System in Florida, but the trial court dismissed on forum non conveniens grounds. After the Florida Supreme Court adopted a new federal-style test for forum non conveniens and remanded the case, the appellate court vacated the dismissal because t
• In & for New Castle Cnty. Caithness Res., Inc.
  Del. Ch.· 1996-07-24
  The Delaware Court of Chancery held that the Delaware action was the first-filed suit because the defendant's New York action was commenced by the filing of a bare notice and summons without a complaint, which does not qualify for first-filed treatment under New York law or Delaw
• Banco DE LA Construccion, S.A. v. Inversiones Y Commercio, Inc.
  677 So. 2d 35· Fla. 3d DCA· 1996-07-03
  A Guatemalan bank appeals a trial court's denial of its motion to dismiss for lack of personal jurisdiction and forum non conveniens in a dispute over a dishonored check. The appellate court affirmed the denial of the personal jurisdiction motion but remanded for the trial court
• The Cont'l Ins. Co. v. Kinney Sys., Inc.
  641 So. 2d 195· Fla. 4th DCA· 1994-08-24
  Continental Insurance Company brought a breach of contract action against Kinney System, Inc. in Broward County, Florida for unpaid worker's compensation insurance premiums. The trial court dismissed the action under the doctrine of forum non conveniens, but the Fourth District C
• Chicago Title Ins. Co. v. Xandre, Inc.
  641 So. 2d 497· Fla. 3d DCA· 1994-08-24
  Chicago Title Insurance Company appeals a change of venue order transferring its breach of contract action from Dade County to Palm Beach County. The Third District Court of Appeal reversed, holding that venue properly lies in Dade County where the cause of action arose under Flo
• United States v. Craig
  875 F. Supp. 816· S.D. Fla.· 1994-06-22
  The court granted the motion to disqualify Judge Highsmith because his personal response to a writ of mandamus created an appearance of impropriety, even without actual bias.
• Pilkington v. United Airlines, Inc.
  855 F. Supp. 1248· M.D. Fla.· 1994-06-10
  The court held that the defendants failed to demonstrate that the balance of conveniences strongly favored transferring the venue, and therefore denied the motions for change of venue.
• Lecot, Inc. v. Nat'l Council ON Comp. Ins.
  635 So. 2d 1081· Fla. 5th DCA· 1994-05-06
• Polythane Sys., Inc. v. Marina Ventures Int'l, Ltd.
  993 F.2d 1201· 5th Cir.· 1993-06-28
  The court held that personal jurisdiction was properly exercised over the defendants, and that the admission of an expert's report, while erroneous, was harmless error.
• SOO Line R.R. Co. v. Overton
  992 F.2d 640· 7th Cir.· 1993-03-31
  The dissent argues that the majority's analysis is incompatible with Supreme Court jurisprudence on constitutional limitations on choice of law.
• Eclectic Source Network, Inc. v. Value Rent-A-Car, Inc.
  611 So. 2d 585· Fla. 3d DCA· 1993-01-05
• Tubular Inspectors, Inc. v. Petroleos Mexicanos
  977 F.2d 180· 5th Cir.· 1992-11-16
  The court held that the district court erred in finding subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA) because Pemex's commercial contacts with the United States were not substantial enough to form the basis of the plaintiff's claims.
• Rutledge v. Scott Chotin, Inc.
  972 F.2d 820· 7th Cir.· 1992-08-14
  The court held that the federal court's injunction preventing the plaintiff from seeking reinstatement in state court was permissible under the relitigation exception of 28 U.S.C. § 2283, as the state court action would require redetermining an issue already decided by the federa
• Murdoch v. A.P. Green Indus., Inc.
  603 So. 2d 655· Fla. 3d DCA· 1992-08-11
  The court held that a case cannot be dismissed on forum non conveniens grounds if any party is a Florida resident, and that leave to amend should be granted early in proceedings.
• Caminiti AND Iatarola v. Behnke Warehousing
  962 F.2d 698· 7th Cir.· 1992-05-06
  The court held that the district court did not abuse its discretion in staying the federal suit under the Colorado River doctrine because the state and federal proceedings were parallel and the factors weighed in favor of a stay.
• Klein v. Hendry Cnty. Hosp. Auth.
  596 So. 2d 1253· Fla. 4th DCA· 1992-04-15
• Scottish AIR Int'l v. British Caledonian Grp., PLC
  945 F.2d 53· 2d Cir.· 1991-09-23
  The court held that the district court improperly granted summary judgment sua sponte without providing the plaintiffs with adequate notice and opportunity to oppose.
• AVIS Rent-A-Car Sys., Inc. v. Masil Blythe
  578 So. 2d 489· Fla. 5th DCA· 1991-04-25
  Avis Rent-A-Car appealed a non-final order denying its motions to dismiss a wrongful death case filed in Florida arising from an accident in Indiana. The court dismissed the appeal, holding that Avis failed to meet the requirements for certiorari jurisdiction because the claimed
• Mahne v. Ford Motor Co.
  900 F.2d 83· 6th Cir.· 1990-04-09
  A federal court sitting in diversity must apply the choice-of-law rules of the forum state, and under Michigan's presumptive lex fori rule, Michigan law applies unless the foreign state has a rational interest in displacing it.
• In re B.L. Peregoy
  885 F.2d 349· 6th Cir.· 1989-09-22
  The court held that mandamus was not appropriate to compel the district court to set aside an order transferring the case, as the transfer was proper.
• Davis v. La. State Univ.
  876 F.2d 412· 5th Cir.· 1989-06-28
  The court held that the transferee court correctly applied the choice of law rules of the state in which it sits following a transfer from a district where personal jurisdiction over the defendant could not be obtained.
• Bouza v. Brillembourg
  543 So. 2d 391· Fla. 3d DCA· 1989-05-16
• Indasu Int'l v. Citibank, N.A.
  861 F.2d 375· 2d Cir.· 1988-11-17
  A guarantee contract, under Ecuadorian law, must be in writing and cannot be modified by the unstated intent or course of conduct of the parties to the underlying agreement without the guarantor's consent.
• Reynolds v. Heartland Transp.
  849 F.2d 1074· 8th Cir.· 1988-06-14
  The court held that the three-year statute of limitations for maritime torts, 46 U.S.C.App. § 763a, and the doctrine of laches barred the seaman's suit for injuries sustained before the statute's enactment, as he had a reasonable opportunity to sue after its passage.
• Hill v. McDERMOTT, Inc.
  827 F.2d 1040· 5th Cir.· 1987-09-23
  The court held that the district court did not abuse its discretion in denying the seaman's motion for relief from judgment under Rule 60(b) because the asserted errors were not obvious mistakes of law and the motion was not filed within the time for appeal.
• Shereen Ramona Zipfel v. Halliburton Co.
  820 F.2d 1438· 9th Cir.· 1987-06-23
  When the Jones Act applies to a seaman's claim, that claim may not be dismissed on the ground of forum non conveniens. However, claims governed by foreign law can be dismissed if an adequate alternative forum exists and private/public interest factors favor dismissal.
• Boca Raton Hous. Auth. v. Carousel Dev., Inc.
  482 So. 2d 543· Fla. 3d DCA· 1986-02-04
  A housing authority created under chapter 421, Florida Statutes, is a governmental entity entitled to the home venue privilege, but this privilege may be dispensed with by the trial court when the entity is sued as a joint tortfeasor.
• Compania Helvetica de Navegacion S.A. v. Zorilla
  479 So. 2d 855· Fla. 3d DCA· 1985-12-17
  The court held that the trial court erred in denying a motion to quash service of process on foreign corporations.
• Wheeler v. Marine Navigation Sulphur Carriers, Inc.
  764 F.2d 1008· 4th Cir.· 1985-06-17
  Once a shipowner's claim for limitation of liability is denied, plaintiffs are entitled to elect to pursue their original claims with a jury trial, even if the case was transferred to a different forum.
• Rubenstein v. Piper Aircraft Corp.
  587 F. Supp. 460· S.D. Fla.· 1984-06-28
  A foreign plaintiff's choice of forum is entitled to less deference, and dismissal is appropriate if an adequate remedy exists elsewhere.
• James E. Vance, M.D. & Raymond & Vance, P.A. v. Minton
  444 So. 2d 1162· Fla. 3d DCA· 1984-02-14
  A voluntary dismissal of a locally-residing defendant, who was joined in good faith, does not entitle the remaining non-resident defendant to a change of venue.
• Zurich Ins. Co. v. Allen
  436 So. 2d 1094· Fla. 3d DCA· 1983-09-06
  Zurich Insurance Company sought to enforce a contractual forum selection clause requiring that disputes under an insurance policy be litigated in Ontario, Canada. The Florida District Court of Appeal held that such clauses are void as an impermissible attempt to oust the jurisdic
• Itel Corp. & Itel Container Int'l v. The M/S Victoria U (EX Pishtaz Iran)
  710 F.2d 199· 5th Cir.· 1983-07-25
  The court held that a stay of claims between U.S. corporations is not warranted simply because those claims may involve an Iranian corporation or affect claims before the Iran-United States Claims Tribunal.
• Coastal Steel Corp. v. Tilghman Wheelabrator Ltd.
  709 F.2d 178· 3d Cir.· 1983-05-17
  The court held that an order denying a pre-trial motion to enforce a forum selection clause is reviewable as a collaterally final order under 28 U.S.C. § 1291, and that the denial of a forum non conveniens claim is not collaterally final. The court also found that it had discreti
• Flagship Nat'l Bank OF Miami v. Commercial Bank & Tr. Co.
  428 So. 2d 361· Fla. 3d DCA· 1983-03-22
  Flagship National Bank appealed an order dismissing and transferring counts of its third-party complaint against several financial institutions. The court reversed, holding that third-party defendants cannot raise federal venue restrictions when the trial court already has jurisd
• Enforce Admin. Subpoenas of Sec. & Exch. Comm'n v. Coopers & Lybrand
  32 F. Supp. 819· S.D. Fla.· 1982-05-26
• Hamilton v. Firestone Tire & Rubber Co., Inc.
  679 F.2d 143· 9th Cir.· 1982-03-26
  The court held that the district court did not abuse its discretion in dismissing the complaint without prejudice under Rule 41(a)(2) to allow the plaintiff to pursue a parallel state court action, as the defendant did not demonstrate plain legal prejudice.
• Gen. Signal Corp. v. Donallco Inc.
  649 F.2d 169· 2d Cir.· 1981-05-22
  The court held that the district court erred in denying a preliminary injunction based solely on the statute of limitations, and that laches should be considered. The order denying the injunction is vacated for reconsideration.
• Fisher v. The Agios Nicolaos V
  636 F.2d 1107· 5th Cir.· 1981-01-28
  The dissenting opinion argues that the panel's decision to apply American law to a foreign seaman's injury claim was erroneous. It contends that the "substantial base of operations" test, as established by Supreme Court precedent, was misapplied, and that the facts of the case di
• United States v. Blanchard
  465 F. Supp. 131· S.D. Fla.· 1980-07-24
• Ira Hand v. Ala. Farm Bureau Mut. Cas. Ins. Co., Inc.
  382 So. 2d 121· Fla. 3d DCA· 1980-04-01
• AAA Enters., Inc. v. Fla. Pub. Serv. Comm'n
  48 Fla. Supp. 143· Martin Cty. Cir. Ct.· 1978-11-08
  A Martin County Circuit Court held that Florida Statute §47.011, as applied to require a small business to litigate against the Florida Public Service Commission in Leon County (the state capital, 400 miles away), violates substantive due process and the constitutional right of a
• Royal Globe Ins. Co. v. Gehl
  358 So. 2d 228· Fla. 3d DCA· 1978-04-25
  Royal Globe Insurance Company appealed orders denying its motion to dismiss for lack of subject matter jurisdiction and its motion to change venue based on forum non conveniens in a fire loss insurance dispute. The court held that Florida courts lacked jurisdiction because an ide