Zellars v. Nextech Ne., LLC.

How courts have described this case

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

• vacating alternative forum deter- mination based on District Court’s mere belief, without evidence, expert testimony or concession to jurisdiction, and remanding case for further proceedings
• noting the lack of expert testimony in determining that defendant failed to meet its burden of demonstrating adequacy of forum in India
• “A forum is not inadequate merely because the law in the foreign jurisdiction is less favorable to the party opposing dismissal”
• “[A]lthough the citizenship of the plaintiff defending against a forum non conveniens claim is relevant to the issue of convenience, it is not dispositive of the issue.”
• “Under Rule 12(b)(3), which allows for dismissal for improper venue, the district court assumes the truth of the allegations in the plaintiff's complaint, unless contradicted by the defendant’s affidavits.”
• “Rule 12(b)(3) is a somewhat unique context of dismissal in that a court may look beyond the mere allegations of a complaint, and need not view the allegations of the complaint as the exclusive basis for its decision.”

Source: CourtListener parenthetical corpus (CC0).