European Company Case Dismissed in U.S., Later Tried in Europe
Our client, a European company, was sued in an eastern United States court for millions of dollars in claims arising from complex financial and corporate transactions. This presented the prospect of these complicated claims against our client, a foreign company, being tried before an American jury. Unquestionably, the American court had jurisdiction to hear the case. However, utilizing a careful analysis and presentation to the court of both the factual and legal issues to be resolved, we were able to show that crucial witnesses, whose appearance in the American court we could not require, were located in Europe and that crucial legal issues were governed by foreign statutory law which would be difficult for an American court to interpret and apply. Based upon those factors, we successfully argued that, notwithstanding the court’s jurisdiction, prudence and the legal doctrine of forum non conveniens dictated that the American court should dismiss the case without prejudice so that it could be refiled in Europe. Later, the case was tried in Europe without a jury and the client prevailed.