private and public interest factors in Texas

2024Quixtar, 315 S.W.3d at 31 (citing Sinochem, 549 U.S. at 430 ); see also Piper Aircraft Co. v. Reyno, 454 U.S. 235, 255 (1981) (“[T]here is ordinarily a strong presumption in favor of the plaintiff’s choice of forum, which may be overcome only when the private and public interest factors clearly point towards dismissal and trial in the alternative forum.”).

2023Vinmar, 336 S.W.3d at 672 . 6 If the trial court has considered all the relevant private- and public-interest factors, and if its balancing of those factors is reasonable, “its decision deserves substantial deference.” Reyno, 454 U.S. at 257 .

2024Quixtar, 315 S.W.3d at 31 (citing Sinochem, 549 U.S. at 430 ); see also Piper Aircraft Co. v. Reyno, 454 U.S. 235, 255 (1981) (“[T]here is ordinarily a strong presumption in favor of the plaintiff’s choice of forum, which may be overcome only when the private and public interest factors clearly point towards dismissal and trial in the alternative forum.”).

2024Team, LLC, 315 S.W.3d 28, 32 (Tex. 2010). 4 The strong presumption in favor of the plaintiff’s choice of forum may be overcome only when the private- and public-interest factors clearly point toward dismissal and to trial in the alternative forum.

2015If there is an alternative forum, which there is in this instance, the court must then consider the private and public interest factors set forth in Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508-9 (1947).

2014Gulf Oil Private Interest Factors If there is an alternative forum, the court then considers the private and public interest factors set forth in Gulf Oil Corp v. Gilbert, 330 U.S. 501 , 508–09 (1947).

2023Vinmar, 336 S.W.3d at 672 . 6 If the trial court has considered all the relevant private- and public-interest factors, and if its balancing of those factors is reasonable, “its decision deserves substantial deference.” Reyno, 454 U.S. at 257 .

2013See Quixtar, 315 S.W.3d at 31-33 (discussing differences in burden on resident and nonresident plaintiffs); see also Akerblom v. Ezra Holdings Ltd., No. 12-20182, 2013 WL 363112 , at *9-10 (5th Cir. Jan. 28, 2013) (affirming district court’s forum non conveniens dismissal of suit brought by Texas resident against former *100 Singaporean employer based on agreement executed while plaintiff was residing in Singapore); Vinmar, 336 S.W.3d at 672 (reiterating that “[fjorum non conveniens is an equitable doctrine” and upholding trial court’s forum non conveniens dismissal of suit brought against Mex

2024See In re Elamex, S.A. de C.V., 367 S.W.3d 879, 887 (Tex. App.—El Paso, 2012, no pet.) (“[b]ecause the common law doctrine of forum non conveniens presumes that at least two forums are available to a plaintiff, a trial court must first determine whether an alternative forum exists, inquiring whether another forum is ‘available’ and ‘adequate’”); Alvarez, 568 S.W.3d at 249 (“[U]nder common law forum non conveniens analysis, whether a forum is both available and adequate is a threshold question to be answered before a court can weigh the public and private factors considered in a common law foru

2024See In re Elamex, S.A. de C.V., 367 S.W.3d 879, 887 (Tex. App.—El Paso, 2012, no pet.) (“[b]ecause the common law doctrine of forum non conveniens presumes that at least two forums are available to a plaintiff, a trial court must first determine whether an alternative forum exists, inquiring whether another forum is ‘available’ and ‘adequate’”); Alvarez, 568 S.W.3d at 249 (“[U]nder common law forum non conveniens analysis, whether a forum is both available and adequate is a threshold question to be answered before a court can weigh the public and private factors considered in a common law foru

2020See RSR Corp., 309 S.W.3d at 711 .

2015Id. at 44, 53 .

2015Although the private and public interest factors are “appropriate for most transfer cases, they are not necessarily exhaustive or exclusive” and “none . . . can be said to be of dispositive weight.” In re Volkswagen of Am., Inc., 545 F.3d 304, 315 (5th Cir. 2008).