Note

Forum Non Conveniens and Foreign Policy: Time for Congressional Intervention?

in
Sidney K. Smith
Vol. 90, Issue 3
Note appears in Issue 3
90 Texas L. Rev. 743

This Note proposes that Congress should enact a federal standard of
forum non conveniens that would preempt state forum non conveniens law in
transnational cases. A legislative standard of forum non conveniens would
clarify the federal doctrine and assist in resolving the myriad circuit splits
surrounding forum non conveniens in federal court. Additionally, the federal
standard would preempt state forum non conveniens law in transnational
cases, creating uniformity between the state and federal courts. Not only
would a uniform standard limit the endless forum jockeying of both plaintiffs
and defendants in these cases, it would also allow more federal control over
cases that potentially implicate important foreign-relations issues.