Tag Archives: Forum Non Conveniens

Civil Practice – Personal Jurisdiction – Forum Non Conveniens – Insurance – Canadian Policy (access required)

Sonoco Products Co. v. ACE INA Insurance Plaintiff, a multinational company with headquarters in South Carolina, required an S.C. insurance company to find local property insurers for plaintiff’s foreign subsidiaries. Where this litigation arises out of the collapse of a roof at plaintiff’s Canadian subsidiary’s Ontario facility, this court lacks personal jurisdiction over the local Canadian insurer.

Read More »

Civil Practice – Appeals – Interlocutory – Motion to Dismiss – Forum Non Conveniens – First Impression (access required)

Burkey v. Noce On a matter of first impression, we rule that the denial of a motion to dismiss based on forum non conveniens is not immediately appealable. Appeal dismissed. While no S.C. case law concerns the immediate appealability of a denial of dismissal based specifically on forum non conveniens, the denial of a motion to dismiss under Rule 12(b)(6) is not generally appealable. An order denying a motion to dismiss for lack of subject matter jurisdiction is also not directly appealable. Additionally, an order denying a motion to change venue is not immediately appealable.

Read More »

Civil Practice – Forum Non Conveniens – Product Liability – Infant Formula – Chinese Residents (access required)

Tang v. Synutra Int’l Inc. Chinese citizens and residents who allege injury from melamine-contaminated infant formula may not sue a Chinese subsidiary of a company incorporated in Maryland in a Maryland federal court; the 4th Circuit says China is an available, adequate and more convenient forum to redress the plaintiffs’ grievances, and it affirms the district court’s dismissal on forum non conveniens grounds.

Read More »