Blogs

Posts Categorized: Forum Non Conveniens

Posted: April 6, 2020

Court Declines to Dismiss New York Action in Favor of First-Filed Delaware Action

On March 26, 2020, the First Department issued a decision in XL Specialty Ins. Co. v. Continental Cas. Co., 2020 NY Slip Op. 02116, affirmed a trial court’s refusal to dismiss an action in favor of an earlier-filed lawsuit in Delaware, explaining: Supreme Court providently exercised its discretion in denying defendants’ motions to dismiss pursuant... Read more »

Posted: April 2, 2020

Court Grants Forum Non Conveniens Motion Based on Parties’ Limited Connection to New York

On March 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in BSR Fund, S.A. v. Jagannath, 2020 NY Slip Op. 30810(U), granting a forum non conveniens motion based on the parties’ limited contacts with New York, explaining: The doctrine of forum non conveniens permits a court to dismiss an... Read more »

Posted: December 20, 2019

First Department Upholds Forum Non Conveniens Dismissal

On December 12, 2019, the First Department issued a decision in JTS Trading Ltd. v. Asesores, 2019 NY Slip Op. 08935, upholding a dismissal on forum non conveniens grounds, explaining: In determining whether an action should be dismissed for forum non conveniens, plaintiff’s choice of forum is entitled to strong deference. Among the factors to... Read more »

Posted: September 16, 2019

General Obligations Law 5-1402 Bars Forum Non Conveniens Motion

On September 5, 2019, Justice Borrok of the New York County Commercial Division issued a decision in HH Trinity Apex Invs. LLC v. Hendrickson Props. LLC, 2019 NY Slip Op. 32623(U), holding that GOL 5-1402 barred a forum non conveniens motion, explaining: When the court finds that in the interest of substantial justice the action... Read more »

Posted: August 16, 2019

Dismissal on Forum Non Conveniens Grounds Does Not Require the Existence of an Alternative Forum

On August 6, 2019, the First Department issued a decision in Primus Pac. Partners 1, LP v. Goldman Sachs Group, Inc., 2019 NY Slip Op. 06052, holding that dismissal on forum non conveniens grounds does not require the existence of an alternative forum, explaining: The action was properly dismissed on forum non conveniens grounds, given... Read more »

Posted: August 11, 2019

Court Need Not Determine Whether There is Personal Jurisdiction Before Dismissing on Forum Non Conveniens Grounds

On August 6, 2019, the First Department issued a decision in Kainer v. UBS AG, 2019 NY Slip Op. 06053, holding that a court need not determine whether it has personal jurisdiction over a defendant before dismissing an action on forum non conveniens grounds, explaining: The motion court properly dismissed this action on forum non... Read more »

Posted: June 8, 2019

Despite Alleged Participation of New York Parties in Fraud, New York Found to be Inconvenient Forum

On June 4, 2019, the First Department issued a decision in Rodionov v Redfern, 2019 NY Slip Op. 04328, holding that notwithstanding the alleged participation of New York parties in a fraud, New York as an inconvenient forum, explaining: The court correctly dismissed the complaint on grounds of forum non conveniens. The court properly balanced... Read more »

Posted: March 20, 2019

Court Grants Forum Non Conveniens Motion

On February 28, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in Fernie v. Wincrest Capital Ltd., 2019 NY Slip Op. 30510(U), granting a forum non conveniens dismissal, explaining: Ordinarily, nonresidents are permitted to enter New York courts to litigate their disputes as a matter of comity. However, the common-law doctrine... Read more »