Sunday, November 29, 2009

Ninth Circuit upholds forum non conveniens dismissal

Vivendi S.A. v. T-Mobile USA, Inc. (2009 WL 3525855) involved a French company suing a German corporation and a Polish corporation on a RICO cause of action.  The district judge granted T-Mobile's motion to dismiss on grounds of forum non conveniens.

The Ninth Circuit recently upheld that decision (2009 WL 3525855), finding that Poland was an acceptable alternative forum, and that the private and public factors favored dismissal.


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