37 research outputs found
Politics and Legal Regulation in the International Business Environment:An FDI Case Study of Alstom, S.A., in Israel
The Decline and Fall of the American Judicial Opinion, Part I: Back to the Future from the Roberts Court to Learned Hand - Context and Congruence
A Bridge to the Practicing Bar of Foreign Nations: Online American Legal Studies Programs As Forums for the Rule of Law and As Pipelines to Bar-Qualifying L.L.M. Programs in the U.S.
Politics and Legal Regulation in the International Business Environment:An FDI Case Study of Alstom, S.A., in Israel
Justice Required: Using a Preservation-of-Court-Access Approach to Forum Non Conveniens in Five International Product-Injury Case Studies
The American federal courts have used a questionable common law procedural rule to erect a virtually impenetrable barrier for those injured in other countries by products or industrial activities of U.S.-based multinationals. This barrier exists as the forum non conveniens ( FNC ) rule. Section II briefly reviews the current problems that the FNC rule causes and explains its origins. In Section III, I describe my doctrinal shift away from the FNC rule to a preservation-of-court-access statute. I demonstrate in Section IV, the focus of the article, how applying that statute would change the outcome of actual product injury cases filed by international plaintiffs, in which courts have repeatedly misapplied the current FNC rule to dismiss lawsuits against U.S.-based MNCs in their own backyards