Forum Non Conveniens and Retaliatory Legislation: The Impact on the Available Alternative Forum Inquiry and on the Desirability of Forum Non Conveniens as a Defense Tactic

A motion to dismiss on grounds of forum non conveniens has become the primary response of domestic defendants to tort actions brought by foreign plaintiffs in U.S. courts. The motion is not only filed, but also granted, in nearly every case. Various elements of the modern doctrine of forum non conveniens almost guarantee this outcome where the alleged wrongful act and injury occurred in another country. A forum non conveniens dismissal typically means that a foreign plaintiff must seek relief in the courts of his own country. As a result, a foreign plaintiff will likely recover much less than a domestic plaintiff injured by a domestic company. The various procedural and substantive