20
January 2004
This information is provided courtesy of Law-Now, CMS
Cameron McKenna's free on-line information service.
www.law-now.com
Forum shopping: British opportunism not
welcome in US courts
America provides a favourable, low
risk environment for
claimants – high damages awards and no “loser pays”
costs
rule – not surprisingly, it attracts foreign litigants engaged
in forum shopping. A decision by a New York Federal Court
case shows the unwillingness of the US courts to hear cases
brought by such litigants who have little nexus to America.
The Plaintiff brought the action in respect of her deceased
husband whose injury and death were allegedly caused by
smoking cigarettes manufactured and sold by Philip Morris
Incorporated. The deceased was a life-long citizen and
resident of England whose smoking was largely confined to
England. The Defendant’s motion to dismiss the action on
grounds of forum non-conveniens was successful. The Court
found that the case was brought in order to gain a tactical
advantage – forum shopping to secure large damages awards
that American plaintiffs have obtained – and that England
provided an adequate alternative forum.
For further information please copy and paste on the link below.
http://www.law-now.com/CS2000/internet/EN/co50law-now/co55archive/2004/f
orumshopping.htm
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