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The Title 28 of the United States Code QUESTION #3710
Question 1
A defendant is sued in State X. The defendant believes State Y is a much more convenient forum. The defendant moves to dismiss the case under the doctrine of 'forum non conveniens.' When should the court grant this motion?
  • Whenever the defendant can show that State Y is slightly more convenient.
  • Only if State X is a completely improper venue under Rule 12(b)(3).
  • When an alternative forum is available and the balance of private and public interests strongly favors dismissal.✔️
  • Never, if the plaintiff is a resident of State X.
Correct Answer Explanation
Forum non conveniens is a discretionary power that allows a court to dismiss a case when an alternative forum is significantly more appropriate, taking into account the interests of the litigants and the public.