Kinney System, Inc. v. Continental Ins. Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “if the public interest factors ... are at or near equipoise, then the third step of the inquiry will provide no basis for defeating the presumption favoring [the] plaintiffs choice of forum”
• stating that: “[n]o bright-line rule exists to mandate reversal of the order and remand when the trial court fails to delineate its reasoning as to each step in the Kinney analysis.”
• adopting the approach announced in Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 67 S. Ct. 839 (1946)
• adopting federal standard for forum non conveniens and setting forth “Kinney factors” for making such a determination
• articulating factors to be considered by the trial court in exercising its discretion to dismiss due to forum non conveniens
• adopting federal forum non conveniens analysis, remanding to district court to “determine whether the trial court properly applied the federal doctrine as outlined here,” and explaining that this standard shall apply to all future proceedings

Source: CourtListener parenthetical corpus (CC0).