14 Cited authorities

Piper Aircraft Co. v. Reyno
454 U.S. 235 (1981) Cited 4,730 times 11 Legal Analyses
Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"
Sinochem Int'l Co. v. Malaysia Int'l Shipping Corp.
549 U.S. 422 (2007) Cited 41 times 1 Legal Analyses
Holding that a court need not decide jurisdictional issues if it determines that a foreign tribunal is a more suitable forum for the case
King v. Cessna Aircraft Co.
562 F.3d 1374 (11th Cir. 2009) Cited 84 times
Holding that the district court did not abuse its discretion by simultaneously according less deference to European plaintiffs' choice of forum and more deference to American plaintiffs' choice of forum
Yavuz v. 61 MM, Ltd.
576 F.3d 1166 (10th Cir. 2009) Cited 70 times
Finding that the "the lack of a particular remedy or cause of action in the alternative forum [to which the case was being transferred did] not necessarily render that venue inadequate"
Jhirad v. Ferrandina
536 F.2d 478 (2d Cir. 1976) Cited 177 times
Holding that no "meaningful distinction exists between those who leave their native country and those who, already outside, decline to return"
Gschwind v. Cessna Aircraft Co.
161 F.3d 602 (10th Cir. 1998) Cited 72 times
Holding that the defendants, who "c[a]me forward with documentary evidence," offered the "bare minimum of evidence necessary," although the court "certainly would have benefitted from additional evidence in the record"
Corporacion Tim, S.A. v. Schumacher
418 F. Supp. 2d 529 (S.D.N.Y. 2006) Cited 36 times
Finding Dominican Republic courts to be an adequate alternate forum for breach of fiduciary duty, conversion of trust funds, malicious interference with contractual agreements, improper accounting, and refusal to deliver title documents claims
Archangel Diamond Corp. v. Lukoil
812 F.3d 799 (10th Cir. 2016) Cited 19 times
Noting the application of foreign law's status as a precondition to the public/private balancing test
Jones v. FC USA, Inc.
CIVIL ACTION NO. 17-1126 (E.D. Pa. Nov. 13, 2017) Cited 7 times
Granting FNC in a negligence suit in which the Court found the Dominican Republic to be an adequate alternate forum in part because it “is a democratic nation with an independent three-tiered judicial system providing for appellate review”
Raskin v. Allison
30 Kan. App. 2 (Kan. Ct. App. 2002) Cited 8 times
Concluding that under "traditional choice of law principles largely reflected in the original Restatement," Mexican law applied to boating accident in Mexican waters because "the injuries were sustained in Mexican waters"
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 16,453 times 104 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

Ponder v. Prophete

14 Cited authorities

Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"

Holding that a court need not decide jurisdictional issues if it determines that a foreign tribunal is a more suitable forum for the case

Holding that the district court did not abuse its discretion by simultaneously according less deference to European plaintiffs' choice of forum and more deference to American plaintiffs' choice of forum

Finding that the "the lack of a particular remedy or cause of action in the alternative forum [to which the case was being transferred did] not necessarily render that venue inadequate"

Holding that no "meaningful distinction exists between those who leave their native country and those who, already outside, decline to return"

Holding that the defendants, who "c[a]me forward with documentary evidence," offered the "bare minimum of evidence necessary," although the court "certainly would have benefitted from additional evidence in the record"

Finding Dominican Republic courts to be an adequate alternate forum for breach of fiduciary duty, conversion of trust funds, malicious interference with contractual agreements, improper accounting, and refusal to deliver title documents claims

Noting the application of foreign law's status as a precondition to the public/private balancing test

Granting FNC in a negligence suit in which the Court found the Dominican Republic to be an adequate alternate forum in part because it “is a democratic nation with an independent three-tiered judicial system providing for appellate review”

Concluding that under "traditional choice of law principles largely reflected in the original Restatement," Mexican law applied to boating accident in Mexican waters because "the injuries were sustained in Mexican waters"

Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"