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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.

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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.

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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.

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