Madalynn Carey v. Bayerische Hypo-Und Vereinsbank Ag

How courts have described this case

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

• noting that forum non coneveniens is a “discretionary device permitting a court in rare instances to dismiss a claim even if the court is a permissible venue with proper jurisdiction over the claim.”
• noting that forum non conveniens is a “discretionary device permitting a court in rare instances to dismiss a claim even if the court is a permissible venue with proper jurisdiction over the claim.”
• distinguishing cases where Plaintiffs involuntarily suffered torts involving physical injury from case where Plaintiff voluntarily sought out a business relationship abroad
• describing the doctrine as a “discretionary device” permitting a court to dismiss a claim “in rare instances”
• upholding forum non conveniens dismissal where, among other factors, the defendant could not be assured that non-party witnesses would be willing to come to the United States to testify
• affirming the district court’s venue determination based in part on the conclusion that the weight accorded to the plaintiff's choice of forum was “diminished” because the cause of action did not have “significant ties” to that forum

Source: CourtListener parenthetical corpus (CC0).