9 Oregon opinions name it 2 courts 1968–2025 2 in the last five years
The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Carijano v. Occidental Petroleum Corp.green2 sentences2016See Carijano, 643 F3d at 1228 (“A party’s intent in joining a lawsuit is relevant to the balancing of the forum non conveniens factors only to the extent that it adds to an overall picture of an effort to take unfair advantage of an inappropriate forum.”). 25 Peru and the United States are parties to the Inter-American Convention on Letters Rogatory and its Additional Protocol, which provide means of gathering evidence in Peru to aid litigation in the United States, even when that evidence is held by a third party. 2014See Carijano, 643 F3d at 1229 (“Concerns about forum shopping, while appropriately considered in the forum non conveniens analysis, are muted in a case such as this where [pjlaintiffs’ chosen forum is both the defendant’s home jurisdiction, and a forum with a strong connection to the subject matter of the case.”). | 2 | 2 |
Novich v. McCleangreen2 sentences2014See, e.g., Novich v. McClean, 172 Or App 241, 251 , 18 P3d 424 , rev den, 332 Or 137 (2001) (under the doctrine of forum non conveniens, a court may dismiss an action when, despite the existence of subject matter jurisdiction, personal jurisdiction, and proper venue, trying the case elsewhere “would best serve the convenience of the parties and the ends of justice” (internal quotation marks omitted)). 2014See, e.g., Novich v. McClean, 172 Or App 241, 251 , 18 P3d 424 , rev den, 332 Or 137 (2001) (under the doctrine of forum non conveniens, a court may dismiss an action when, despite the existence of subject matter jurisdiction, personal jurisdiction, and proper venue, trying the case elsewhere “would best serve the convenience of the parties and the ends of justice” (internal quotation marks omitted)). | 1 | 2 |
Sinochem International Co. v. Malaysia International Shipping Corp.green1 sentence2016See Piper Aircraft, 454 US at 249-50 (Declining to lay down a “rigid rule” to govern forum non conveniens because “each case turns on its facts” and “[i]f central emphasis were placed on any one factor, the forum non conveniens doctrine would lose much of the very flexibility that makes it so valuable.” (Internal citations and quotation marks omitted.)); see also Sinochem, 549 US at 429 (“Dismissal for forum non conveniens reflects a court’s assessment of a ‘range of considerations, most notably the convenience to the parties and the practical difficulties that can attend the adjudication of a | 1 | 1 |
Kedy v. A.W. Chesterton Co.green2 sentences2016Chesterton Co., 946 A2d 1171, 1178 (RI 2008) (citing AT & T Corp. v. Sigala, 274 Ga 137, 138, 549 SE2d 373, 375 (2001)); see also Restatement (Second) of Conflict of Laws § 84 comment a (1971) (“The rule has been developed that a court, even though it has jurisdiction, will not entertain the suit if it believes itself to be a seriously inconvenient forum provided that a more appropriate forum is available to the plaintiff”). 2016See Kedy, 946 A2d at 1183 (“It is well settled that the defendant carries the burden of persuasion at each stage of the forum non conveniens inquiry.”). | 1 | 1 |
Aveta, Inc. v. Colongreen1 sentence2016That purpose would be subverted if a defendant had to endure costly, protracted proceedings in order to avail itself of the doctrine in the first place.” Aveta, Inc. v. Colon, 942 A2d 603, 609 (Del Ch 2008). | 1 | 1 |
At & T CORP. v. Sigalagreen1 sentence2016Chesterton Co., 946 A2d 1171, 1178 (RI 2008) (citing AT & T Corp. v. Sigala, 274 Ga 137, 138, 549 SE2d 373, 375 (2001)); see also Restatement (Second) of Conflict of Laws § 84 comment a (1971) (“The rule has been developed that a court, even though it has jurisdiction, will not entertain the suit if it believes itself to be a seriously inconvenient forum provided that a more appropriate forum is available to the plaintiff”). | 1 | 1 |
Piper Aircraft Co. v. Reynogreen1 sentence2016See Piper Aircraft, 454 US at 249-50 (Declining to lay down a “rigid rule” to govern forum non conveniens because “each case turns on its facts” and “[i]f central emphasis were placed on any one factor, the forum non conveniens doctrine would lose much of the very flexibility that makes it so valuable.” (Internal citations and quotation marks omitted.)); see also Sinochem, 549 US at 429 (“Dismissal for forum non conveniens reflects a court’s assessment of a ‘range of considerations, most notably the convenience to the parties and the practical difficulties that can attend the adjudication of a | 1 | 1 |
COW, INC. v. Motor Vehicles Div., Or. Dept.green2 sentences2006See also C.O.W., Inc. v. M.V.D., 37 Or App 73 , 75 n 2, 586 P2d 107 (1978) (“While a court having jurisdiction may decline to exercise it on the basis of forum non conveniens * * *, absent jurisdiction, the issue cannot be reached.”). 2006See also C.O.W., Inc. v. M.V.D., 37 Or App 73 , 75 n 2, 586 P2d 107 (1978) (“While a court having jurisdiction may decline to exercise it on the basis of forum non conveniens * * *, absent jurisdiction, the issue cannot be reached.”). | 1 | 1 |
Archibald v. Cinerama Hotelsgreen2 sentences1978The California Supreme Court has described this statute as a codification of the forum non conveniens doctrine which had been "established in California by judicial decision." Archibald v. Cinerama Hotels, 15 Cal.3d 853, 857 , 544 P.2d 947, 950 , 126 Cal. Rptr. 811, 814 (1976). 1978The California Supreme Court has described this statute as a codification of the forum non conveniens doctrine which had been "established in California by judicial decision." Archibald v. Cinerama Hotels, 15 Cal.3d 853, 857 , 544 P.2d 947, 950 , 126 Cal. Rptr. 811, 814 (1976). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Doumith v. Azar
neutral
2 sentences2025For example, in its letter opinion, the trial court stated that it would not base its decision on the possibility that the crash resulted from ‘a malfunction in the warning or altimeter systems installed by Evergreen in the United States’ and dismissed as speculative plaintiffs’ contention that discovery might reveal evidence of such a defect.” Cite as 339 Or App 329 (2025) 341 Id. at 121. 2025For example, in its letter opinion, the trial court stated that it would not base its decision on the possibility that the crash resulted from ‘a malfunction in the warning or altimeter systems installed by Evergreen in the United States’ and dismissed as speculative plaintiffs’ contention that discovery might reveal evidence of such a defect.” Cite as 339 Or App 329 (2025) 341 Id. at 121. | 2 | 2025–2025 |
Espinoza v. Evergreen Helicopters, Inc.
green
2 sentences2025No facts regarding that trust are significant to our discussion; thus, we refer to both Azar personally and that trust as Azar. 334 Doumith v. Azar Espinoza, 359 Or at 95 ), but because the nature of the dis- pute is relevant to the forum non conveniens analysis, as described more later. 2025No facts regarding that trust are significant to our discussion; thus, we refer to both Azar personally and that trust as Azar. 334 Doumith v. Azar Espinoza, 359 Or at 95 ), but because the nature of the dis- pute is relevant to the forum non conveniens analysis, as described more later. | 2 | 2025–2025 |
Gulf Oil Corp. v. Gilbert
red
2 sentences1968Cf., Gulf Oil Corp. v. Gilbert, 330 US 501, 508 , 67 S Ct 839 , 91 L Ed 1055 (1947) recognizing these two sets of interests in applying the doctrine of forum non conveniens. 1968Cf., Gulf Oil Corp. v. Gilbert, 330 US 501, 508 , 67 S Ct 839 , 91 L Ed 1055 (1947) recognizing these two sets of interests in applying the doctrine of forum non conveniens. | 2 | 1968–2016 |
Baltimore & Ohio Railroad v. Kepner
green
2 sentences2017Id. at 51 . 2017Id. at 51 . | 1 | 2017–2017 |
Quackenbush v. Allstate Insurance
green
2 sentences2016Co., 517 US 706, 723 , 116 S Ct 1712 , 135 L Ed 2d 1 (1996).)). 2016Co., 517 US 706, 723 , 116 S Ct 1712 , 135 L Ed 2d 1 (1996).)). | 1 | 2016–2016 |
Bradbury v. Teacher Standards & Practices Commission
green
2 sentences2016Consistently with the standard for motions to dismiss under ORCP 21 generally, in considering a motion to dismiss for forum non conveniens, the trial court must “assume the truth of all well-pleaded facts alleged in the complaint and give plaintiff, as the nonmoving party, the benefit of all favorable inferences that may be drawn from those facts.” 19 Bradbury v. Teacher Standards and Practices *96 Comm., 328 Or 391, 393 , 977 P2d 1153 (1999) (stating general standard applicable to a motion to dismiss); see also, e.g., Carijano, 643 F3d at 1222 (factual allegations in plaintiffs complaint acce 2016Consistently with the standard for motions to dismiss under ORCP 21 generally, in considering a motion to dismiss for forum non conveniens, the trial court must “assume the truth of all well-pleaded facts alleged in the complaint and give plaintiff, as the nonmoving party, the benefit of all favorable inferences that may be drawn from those facts.” 19 Bradbury v. Teacher Standards and Practices *96 Comm., 328 Or 391, 393 , 977 P2d 1153 (1999) (stating general standard applicable to a motion to dismiss); see also, e.g., Carijano, 643 F3d at 1222 (factual allegations in plaintiffs complaint acce | 1 | 2016–2016 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.