8. Courts are divided as to whether the following factors affect the district courts discretion to dismiss
Question:
8. Courts are divided as to whether the following factors affect the district court’s discretion to dismiss an action on grounds of forum non conveniens:
(a) Federal statutes that include specific venue provisions. See Hoffman &
Rowley, Forum Non Conveniens in Federal Statutory Cases, 49 Emory L.J. 1137
(2000).
(b) International treaties that require signatory nations to provide litigants “equal access to courts.” See 14D Wright, Miller & Cooper, Federal Practice and Procedure:
Jurisdiction and Related Matter 3d § 3828.2.
(c) Federal statutes that authorize federal courts to hear suits brought by non-United States citizens, see, e.g., Alien Tort Claims Act, 28 U.S.C. § 1350, which provides, “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.”
Step by Step Answer:
Civil Procedure Cases And Materials
ISBN: 9780314280169
11th Edition
Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff