Tuesday, May 1, 2012

11th Circuit Says Plaintiffs' Choice of Forum Not Mere Verbiage.



I'm sure district court judges never like seeing foreign injury-while-on-vacation cases on their docket, but there may be circumstances where jurisdiction could conceivably lie in the SD FL.

The 11th Circuit in this opinion reminds us that you can't just say all the words in the recitation of relevant forum non factors, you actually have to apply all those factors to the analysis:
The district court mentioned the presumption against disturbing the plaintiffs’ forum
choice in its introduction to the order, but failed to mention the presumption at all in its application and balancing of the factors. We have held that a recitation of the law regarding the presumption is not sufficient; this presumption must be integrated into the balancing of the private factors.
I don't know about you, but I still think the case is going to be dismissed.


2 comments:

  1. Concur with your learned prediction

    ReplyDelete
  2. just a speed bump on the road to dismissal

    ReplyDelete