Monday, March 5, 2007

USSCT decides Sinochem

Today in Sinochem, the Supreme Court unanimously held that forum non conveniens, like other threshold nonmerits issues, may be resolved before difficult issues of jurisdiction (both of the subject matter and the person).  While the Court's earlier rejection of hypothetical jurisdiction forbids a court from assuming its own power to decide the merits of a case, choosing among threshold nonmerits grounds does not entail an ultra vires assumption of substantive, law-declaring power.


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