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Nipponkoa Insurance Company, LTD., v. Ceva Logistics U.S., Inc.

MEMORANDUM in Support of MOTION to Dismiss Case for Forum Non Conveniens 54

11 Cited authorities

  1. Iragorri v. United Techs. Corp.

    274 F.3d 65 (2d Cir. 2001)   Cited 886 times   2 Legal Analyses
    Holding that foreign plaintiff's forum choice given "greater deference ... to the extent that it was motivated by legitimate reasons, including the plaintiff's convenience"

  2. PT United Can Co. v. Crown Cork & Seal Co.

    138 F.3d 65 (2d Cir. 1998)   Cited 384 times   1 Legal Analyses
    Holding that section 1965(b) confers nationwide service of process

  3. In re Arbitration Between Monegasque

    311 F.3d 488 (2d Cir. 2002)   Cited 162 times   4 Legal Analyses
    Holding that bar on exercise of "hypothetical jurisdiction" applies where possible lack of jurisdiction poses "constitutional question"

  4. Saqui v. Pride Cent. America

    595 F.3d 206 (5th Cir. 2010)   Cited 111 times
    Holding that Mexicois an adequate forum even though the plaintiff argued that “the amount of damages would be more limited under Mexican as opposed to American law”

  5. Creative Technology, Ltd. v. Aztech System Pte, Ltd.

    61 F.3d 696 (9th Cir. 1995)   Cited 148 times
    Holding that when a company has filed suit in an alternate forum, it has generally waived any argument that it cannot file there

  6. Gemini Capital Group, Inc. v. Yap Fishing Corp.

    150 F.3d 1088 (9th Cir. 1998)   Cited 100 times
    Holding that the district court correctly afforded less deference to the plaintiff's decision to file suit in Hawaii where no plaintiff was a resident of Hawaii

  7. Loya v. Starwood Hotels & Resorts Worldwide, Inc.

    583 F.3d 656 (9th Cir. 2009)   Cited 71 times   1 Legal Analyses
    Holding an available remedy is adequate even if the potential recovery is considerably less than that available in the United States

  8. Maersk, Inc. v. Neewra, Inc.

    554 F. Supp. 2d 424 (S.D.N.Y. 2008)   Cited 64 times
    Holding that a valid forum-selection clause "amounts to [non-resident's] consent to jurisdiction"

  9. Vivendi SA v. T-Mobile USA Inc.

    586 F.3d 689 (9th Cir. 2009)   Cited 51 times
    Holding that "the district court did not abuse its discretion when it concluded that [the plaintiff] was engaging in forum shopping by filing suit in the United States" in light of "the actions [the plaintiff] ha[d] filed across Europe"

  10. Empresa Lineas v. Schichau-Unterweser

    955 F.2d 368 (5th Cir. 1992)   Cited 54 times   1 Legal Analyses
    Holding that the district court erred by finding this factor favored dismissal when the defendant did not meet its burden of establishing that it had assets in the foreign jurisdiction that could satisfy a judgment