· 10/16/1992
Davis v. Avondale Industries, Inc.
Citations
- 975 F.2d 169
- 1992 WL 245686
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that translation of documents into English, in addition to increasing costs, results in “delay to the court,” and “militates strongly” in favor of forum non conveniens dismissal
- holding that “that the presence of an adequate Venezuelan forum, and the strong adverse balance of Gilbert private and public factors, outweigh the initial choice of [the foreign plaintiff] of a New York forum”
- finding Venezuela an adequate alternate forum despite plaintiffs affidavit evidence of systemic corruption, delay, expense, political influence and bias against foreign litigants in Venezuelan justice system
- applying the “normal forum non conveniens analysis” because the contract did not make the plaintiff’s selected forum mandatory or exclusive
- applying the “normal forum non conveniens analysis” because the contract did not make the plaintiff’s selected forum mandatory or exclusive
- finding Venezuela to be an adequate alternative forum despite claims of systematic corruption and bias in favor of defendants
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, Garwood, Thornberry
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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