· 7/19/1983
Victoria A. Lehman, as of the Estate of Robert Wayne Lehman, Deceased v. Humphrey Cayman, Ltd. And Holiday Inns, Inc.
Citations
- 713 F.2d 339
- 1983 U.S. App. LEXIS 25688
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the district court failed to consider the plaintiff’s practical ability to litigate claims in the Cayman Islands, where lawyers did not take cases on a contingent-fee basis and foreign litigants had to pay a cost bond
- reversing dismissal on the ground that the Cayman Islands, West Indies, were a more appropriate forum
- commenting on increased use of modern means of discovery and communication
- courts should require affirmative evidence of unusually extreme circumstances and manifest injustice before denying citizens access to United States courts
- “But unless the balance is strongly in favor of the defendant, the plaintiff’s choice of forum should rarely be disturbed.”
- because many of the witnesses located in the Cayman Islands worked for the defendant, the defendant probably would not need compulsory process to produce these witnesses at trial in Iowa
Source: CourtListener parenthetical corpus (CC0).
Judges: Lay, Bright, Ross
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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