Wht are some facts that might be important for a court deciding whether to dismiss a case under forum non con?
Plaintiff resides out of state, defendant corporation in state, second def corp out of state, cause of action likely arose in plaintiff's state.
- Anonymous1 decade agoFavorite Answer
From what you have above, you have no argument.
The case is filed in the state where the company has a corproate office, and that is proper. Cases must be filed in the state where the defendent "resides".
Maybe a few more details are needed.
- jsmack19Lv 61 decade ago
For companies, courts generally look at whether or not the company could have expected to defend a suit in that state.
Your facts are a bit confusing, is the out of state defendant in the same state as the plaintiff?
Also, regardless of where the first company is incorporated, does it have branches/agents or does business in the plaintiff's state.
There are a lot of factors a court looks to, but these would be the preliminary questions.
Usually the biggest question is where did the harm occur, and was it foreseeable for the harm to occur there.Source(s): Asahi/WorldWide Volkswagen/Pennoyer/etc....
- JamesLv 71 decade ago
A significant amount of deference is given to the plaintiff's choice of forum, as long as the forum reasonably has jurisdiction (which from your description it sounds like it does). The defense would have to offer compelling reasons why the forum is inappropriate. In particular, if moving the forum would simply shift the inconvenience to another party, it should remain in the forum chosen by the plaintiff. Some factors the court would consider are: the location of evidence and witnesses, the hardship for defendants, the ability of the chosen court to adequately handle the case, the availability of alternative fora, etc.