· 8/2/2005
Miller v. Boston Scientific Corp.
Citations
- 380 F. Supp. 2d 443
- 2005 U.S. Dist. LEXIS 16245
- 2005 WL 1870003
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affording plaintiffs choice of forum a “small amount of deference” where there was evidence crucial to plaintiffs claim in New Jersey but otherwise “scant evidence demonstrating Plaintiffs connection to the state of New Jersey”
- “The forum choice of a plaintiff suing in his home state is entitled to a high degree of deference . . . .”
- “[T]his Court did not imply in Nieminen that a forum non conveniens motion would necessarily fail in the absence of such evidence.”
- “Where there is a legitimate dispute concerning the adequacy of the foreign remedy, a defendant seeking a forum non conveniens dismissal must generally provide record evidence indicating that the plaintiff could obtain proper redress in the alternative forum.” (emphasis added)
- “As previously noted, the court’s role in ascertaining the adequacy of the proposed alternative forum is a limited one, and is generally satisfied by a finding of the defendant’s amenability to process and the availability of some remedy in the foreign jurisdiction.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ackerman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.