Boomerang Litigation: How Convenient Is Forum Non Conveniens in Transnational Litigation

25 Pages Posted: 22 Aug 2015

See all articles by M. Ryan Casey

M. Ryan Casey

Kanner & Whiteley, LLC

Elizaveta Ristroph

University of Hawaii at Manoa

Date Written: December 20, 2007

Abstract

In Latin America, there is a trend toward holding transnational companies legally accountable for activities that cause damage in Latin America. Latin American courts have developed new causes of action, enforced blocking statutes, and rendered large money verdicts against U.S. companies. This means that an FNC dismissal in the U.S. will not necessarily signify the end of an action. As plaintiffs achieve victories in Latin American courts, more judgment enforcement cases are likely to find their way to U.S. courts. U.S. courts need to respond to these developments by closing the enforcement loophole between an FNC dismissal and the subsequent foreign money judgment enforcement action. Otherwise, significant judicial resources will be needlessly spent on boomerang litigation, and fundamental unfairness may result. Transnational litigation is not a mere passing fad; it is the future. Now is the time for the courts to engage in a more comprehensive analysis of the pitfalls of boomerang litigation with an eye to developing workable solutions.

Suggested Citation

Casey, M. Ryan and Ristroph, Elizaveta, Boomerang Litigation: How Convenient Is Forum Non Conveniens in Transnational Litigation (December 20, 2007). Brigham Young University Law Review, Vol. 4, No. 21, 2007, Available at SSRN: https://ssrn.com/abstract=2648717

M. Ryan Casey

Kanner & Whiteley, LLC ( email )

New Orleans, LA 70130
United States

Elizaveta Ristroph (Contact Author)

University of Hawaii at Manoa ( email )

Department of Urban and Regional Planning
Saunders Hall 107 2424 Maile Way
Honolulu, HI NA 96822
United States

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