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Appeals › Forum Selection › Forum Non Conveniens

Faegre Drinker Biddle & Reath LLP

The Fifth Circuit Held That Parties to an Arbitration Agreement Must Arbitrate Their Claims Even If the Forum They Selected No...

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The U.S. Court of Appeals for the Fifth Circuit recently compelled two parties to arbitrate their claims despite the abolishment of the forum that they selected in their international commercial arbitration clause. The case...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Enforces Forum Selection Clause to Prevent IPR Petitions

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The Federal Circuit recently reversed the district court and remanded for entry of a preliminary injunction enjoining defendant Sarepta Therapeutics, Inc. from proceeding with inter partes review (IPR) petitions at the Patent...more

Carlton Fields

Eighth Circuit Delivers an Inconvenient Truth: Defendants’ Forum Non Conveniens Was Untimely, Despite Absence of Express Deadline

Carlton Fields on

On April 28, 2021, the Eighth Circuit Court of Appeals issued an opinion finding that the defendants’ motion to dismiss based on the doctrine of forum non conveniens was untimely filed. In doing so, the Eighth Circuit...more

McDermott Will & Schulte

Where Should This Case Go? Appeals Court Tosses Venue Motion to Dismiss

McDermott Will & Schulte on

Addressing for the first time whether a court must consider the adequacy of an alternative forum in its forum non conveniens analysis, the US Court of Appeals for the Federal Circuit affirmed the denial of a defendant’s...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Enforces Delaware Forum Selection Bylaw

Sheppard Mullin Richter & Hampton LLP on

In Drulias v. 1st Century Bancshares, Inc., No. H045049, 2018 WL 6735137 (Cal. App. Dec. 21, 2018), the California Court of Appeal, Sixth Appellate District, affirmed an order staying a stockholder lawsuit brought in the...more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Summer-Fall 2018

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Associaçio Brasileira de Medicina de Grupo, DBA Abramge v. Stryker Corp., US Court of Appeals for the Sixth Circuit, May 31, 2018 - An association of Brazilian health insurance providers sued Stryker, a Michigan...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Enforces Delaware Forum Selection Clause Contained in Certificate of Incorporation

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In Bushansky v. Soon-Shiong, 2018 Cal. App. LEXIS 493 (Cal. App. May 25, 2018), the California Court of Appeal, Fourth Appellate District, affirmed the dismissal of a shareholder derivative action brought in the Superior...more

Katten Muchin Rosenman LLP

Eleventh Circuit Vacates Dismissal of Breach of Contract Claim

Katten Muchin Rosenman LLP on

The US Court of Appeals for the Eleventh Circuit found that the US District Court for the Southern District of Florida abused its discretion by dismissing an action for forum non conveniens without evaluating the significance...more

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