Form Lis Pendens Forum Non Conveniens In Chicago
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An example of a mandatory forum selection clause is as follows: “Any and all disputes arising from this agreement shall be decided solely and exclusively by state or federal courts located in New York City, New York.”
Literally, forum non conveniens means “inconvenient forum”. It does not refer to a judicial forum that is improper; rather it refers to a judicial forum that is inconvenient or not as appropriate as another forum may be.
The Court stated that "the principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even when jurisdiction is authorized by the letter of a general venue statute."18 However, the Court recognized that because the venue statutes were drafted with sufficient generality to ...
Forum non conveniens may be used to dismiss a case, for example, to encourage parties to file a case in another jurisdiction within which an accident or incident underlying the litigation occurred and where all the witnesses reside.
Noun. in·con·ve·nient forum. ˌin-kən-ˈvē-nyənt- : an inappropriate or oppressive forum (as one in a distant jurisdiction) for a legal action. especially : one to which the doctrine of forum non conveniens is applicable.
See SmartCode®. Section 1404(a) codified forum non conveniens for the federal system and, in doing so, replaced the traditional remedy of dismissal with transfer.
Forum non conveniens refers to a court's discretionary power to decline to exercise its jurisdiction where another court, or forum, may more conveniently hear a case.
Even if a plaintiff brings a case in an inconvenient forum, a court will not grant a forum non conveniens dismissal unless there is another forum that could hear the case and potentially recover damages .
