FNC Dismissal of a Case with a Foreign Plaintiff Reversed on Appeal

Litigation attorney Eric Alexander published a blog for Drug & Device Law analyzing the U.S. Court of Appeals for the Eighth Circuit's decision in Dibble v. Torax Med., Inc., which reversed a forum non conveniens (FNC) dismissal in a case brought by a foreign plaintiff. He explains how the ruling departs from the substantial deference to trial court discretion emphasized by the U.S. Supreme Court in Piper Aircraft v. Reyno, effectively reweighing public and private interest factors on appeal. Mr. Alexander highlights the practical implications for product liability defendants, noting that winning an FNC motion remains difficult and cautioning that appellate second-guessing of district courts may further limit its utility.

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