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Foreign Plaintiffs in Products Liability Actions: The Defense of Forum Non Conveniens
Contributor(s): Freedman, Warren (Author)
ISBN: 0899301894     ISBN-13: 9780899301891
Publisher: Praeger
OUR PRICE:   $74.25  
Product Type: Hardcover
Published: March 1988
Qty:
Additional Information
BISAC Categories:
- Law | Torts
- Law | International
Dewey: 346.038
LCCN: K953
Physical Information: 0.44" H x 6" W x 9" (0.89 lbs) 169 pages
 
Descriptions, Reviews, Etc.
Publisher Description:

This book is directed at practical applications and case law support for invoking forum non conveniens. It begins with a basic discussion of the evolution of the doctrine. The balance of the book is devoted to applying appropriate case law to a variety of situations. Likely opposing arguments, public policy notions, and the relationship of forum non conveniens to jurisdiction and venue are also considered. Virginia Journal of International Law

American multinational corporations face a unique problem with regard to products liability litigation instituted by foreign plaintiffs. In many cases, plaintiffs outside the U.S. file suits in U.S. courts despite the fact that the incident on which the suit is based took place in other countries. Such action is often taken because of features peculiar to the U.S. legal system, including the doctrine of strict liability, the availability of contingency fees for attorneys, and the prevalence of large awards to individuals in products liability cases. This informative study by a legal professional and products liability specialist focuses on a doctrine that can lessen liability exposure for multinational corporations. By successfully petitioning the courts under the doctrine of forum non conveniens, corporations may have court proceedings transferred to another jurisdiction, often outside the U.S., which has a direct connection with the incident and where potential liability exposure is greatly reduced. Following an introductory discussion of the evolution of this doctrine, Freedman documents its use with appropriate case law in a wide variety of situations.