SME Racks v. Sistemas Mecanicos Para Electronica, 382 F. 3d 1097 (11th Cir. 2004)

Aug 24, 2004

OUTCOME: Successful - Changed Law in 11th Circuit Ct of Appeals - Forum Non Conveniens Dismissals Involving American Plaintiffs

Landmark case which clarified the abuse of discretion standard for forum non conveniens dismissals when American plaintiffs have sued in their home forum in a case involving international connections ( ... i.e., witnesses and evidence in other countries). In such circumstances, a defendant must adduce "positive evidence of unusually extreme circumstances" and the court must be thoroughly convinced that "material injustice is manifest" before ousting domestic plaintiff from this country’s courts.