forum non conveniens doctrine in Oklahoma

8 Oklahoma opinions name it 2 courts 1974–2014 0 in the last five years

The cases below were cited by Oklahoma 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.

Followed or applied (9)

Case	Followed	Cited
TRADECOMET. COM LLC v. Google, Inc.green ca2 · 2011 · cited in 2 Oklahoma opinions naming this issue, 2014–2014 2 sentences 2014The Supreme Court recently resolved this uncertainty in Atlantic Marine . . . [where] the Court held that generally 'the appropriate way to enforce a forum-selection clause pointing to a state or foreign forum is through the doctrine of forum non conveniens,' rather than Rule 12(b).") (material omitted and quoting Trade Comet.com LLC v. Google, Inc. , 647 F.3d 472, 475 (2d Cir. 2011) and citing Atlantic Marine , 134 S.Ct. at 580. 2014The Supreme Court recently resolved this uncertainty in Atlantic Marine ... [where] the Court held that generally 'the appropriate way to enforce a forum-selection clause pointing to a state or foreign forum is through the doctrine of forum non conveniens,' rather than Rule 12(b).") (material omitted and quoting TradeComet.com LLC v. Google, Inc., 647 F.3d 472, 475 (2d Cir.2011) and citing Atlantic Marine, 134 S.Ct. at 580 ).	2	2
Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.green scotus · 2013 · cited in 2 Oklahoma opinions naming this issue, 2014–2014 2 sentences 2014Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas, — U.S. —, 134 S.Ct. 568, 579, 580 , 187 L.Ed.2d 487 (2013) ("[28 U.S.C.] Section 1404(a) therefore provides a mechanism for enforcement of forum-selection clauses that point to a particular federal district." and "the appropriate way to enforce a forum-selection clause pointing to a state or foreign forum is through the doctrine of forum non conveniens"). 12 . 2014Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas, — U.S. —, 134 S.Ct. 568, 579, 580 , 187 L.Ed.2d 487 (2013) ("[28 U.S.C.] Section 1404(a) therefore provides a mechanism for enforcement of forum-selection clauses that point to a particular federal district." and "the appropriate way to enforce a forum-selection clause pointing to a state or foreign forum is through the doctrine of forum non conveniens"). 12 .	2	2
Gulf Oil Corp. v. Gilbertred scotus · 1947 · cited in 2 Oklahoma opinions naming this issue, 1974–2006 2 sentences 2006While a plaintiff may not use its choice of forum to “vex or harass a defendant,” we disturb its choice only in “exceptional cases.” Conoco, 2004 OK 83, ¶ 10 , 115 P.3d at 833 ; see also Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 , 67 S.Ct. 839, 843 , 91 L.Ed. 1055 (1947). ¶ 7 The overwhelming majority of courts have concluded that the doctrine of forum non conveniens “presupposes at least two forums in which the defendant is amenable to process.” Gulf Oil, 330 U.S. at 507 , 67 S.Ct. at 842 ; Martin J. 2006While a plaintiff may not use its choice of forum to “vex or harass a defendant,” we disturb its choice only in “exceptional cases.” Conoco, 2004 OK 83, ¶ 10 , 115 P.3d at 833 ; see also Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 , 67 S.Ct. 839, 843 , 91 L.Ed. 1055 (1947). ¶ 7 The overwhelming majority of courts have concluded that the doctrine of forum non conveniens “presupposes at least two forums in which the defendant is amenable to process.” Gulf Oil, 330 U.S. at 507 , 67 S.Ct. at 842 ; Martin J.	2	2
Conoco Inc. v. Agrico Chemical Companygreen okla · 2004 · cited in 2 Oklahoma opinions naming this issue, 2006–2014 2 sentences 2014Cook , we explained that the judicial doctrine of forum non conveniens springs from the court's equitable powers and exercised when the interests of justice, including public policy, require. 55 In the matter before us, Tucker's necessarily implied argument is that public policy requires negation of the forum-selection clause in this case and the substance of that public policy is found in (1) the "public interests" recognized by the doctrine of forum non conveniens , (2) the duties and responsibilities of a lawyer licensed to practice law in this state that were allegedly breached by the Coch 2014Cook , we explained that the judicial doctrine of forum non conveniens springs from the court's equitable powers and exercised when the interests of justice, including public policy, require. 55 In the matter before us, Tucker's necessarily implied argument is that public policy requires negation of the forum-selection clause in this case and the substance of that public policy is found in (1) the "public interests" recognized by the doctrine of forum non conveniens , (2) the duties and responsibilities of a lawyer licensed to practice law in this state that were allegedly breached by the Coch	1	2
Federal Deposit Insurance Corp. v. Tidwellgreen okla · 1991 · cited in 1 Oklahoma opinions naming this issue, 2014–2014 2 sentences 2014Corp. v. Tidwell , 1991 OK 119, 820 P.2d 1338, 1341 (an adjudication of a plaintiff's cause of action must also adjudicate all defenses and interrelated counterclaims to that particular cause of action that were properly raised by the defendant). 24 Coulter v. First American Resources, L.L.C. , 2009 OK 53, 214 P.3d 807. 25 Smith v. City of Stillwater , 2014 OK 42, § 13, 328 P.3d 1192, 1197-1198 ("Where not all claims appear to be frivolous on their face or without merit, dismissals for failure to state a claim upon which relief may be granted are premature."). 2014Corp. v. Tidwell , 1991 OK 119, 820 P.2d 1338, 1341 (an adjudication of a plaintiff's cause of action must also adjudicate all defenses and interrelated counterclaims to that particular cause of action that were properly raised by the defendant). 24 Coulter v. First American Resources, L.L.C. , 2009 OK 53, 214 P.3d 807. 25 Smith v. City of Stillwater , 2014 OK 42, § 13, 328 P.3d 1192, 1197-1198 ("Where not all claims appear to be frivolous on their face or without merit, dismissals for failure to state a claim upon which relief may be granted are premature.").	1	1
SMITH v. CITY OF STILLWATERgreen okla · 2014 · cited in 1 Oklahoma opinions naming this issue, 2014–2014 2 sentences 2014Corp. v. Tidwell , 1991 OK 119, 820 P.2d 1338, 1341 (an adjudication of a plaintiff's cause of action must also adjudicate all defenses and interrelated counterclaims to that particular cause of action that were properly raised by the defendant). 24 Coulter v. First American Resources, L.L.C. , 2009 OK 53, 214 P.3d 807. 25 Smith v. City of Stillwater , 2014 OK 42, § 13, 328 P.3d 1192, 1197-1198 ("Where not all claims appear to be frivolous on their face or without merit, dismissals for failure to state a claim upon which relief may be granted are premature."). 2014Corp. v. Tidwell , 1991 OK 119, 820 P.2d 1338, 1341 (an adjudication of a plaintiff's cause of action must also adjudicate all defenses and interrelated counterclaims to that particular cause of action that were properly raised by the defendant). 24 Coulter v. First American Resources, L.L.C. , 2009 OK 53, 214 P.3d 807. 25 Smith v. City of Stillwater , 2014 OK 42, § 13, 328 P.3d 1192, 1197-1198 ("Where not all claims appear to be frivolous on their face or without merit, dismissals for failure to state a claim upon which relief may be granted are premature.").	1	1
Bongards' Creameries v. Alfa-Laval, Inc.green minn · 1983 · cited in 1 Oklahoma opinions naming this issue, 1995–1995 2 sentences 1995See e.g., Haynes v. Carr, 379 A.2d 1178, 1180 (D.C.App.1977); Bongards’ Creameries v. Alfa-Laval, Inc., 339 N.W.2d 561, 563 (Minn.1983). 1995See e.g., Haynes v. Carr, 379 A.2d 1178, 1180 (D.C.App. 1977); Bongards' Creameries v. AlfaLaval, Inc., 339 N.W.2d 561, 563 (Minn. 1983).	1	1
Kennedy v. Hendersongreen okla · 1990 · cited in 1 Oklahoma opinions naming this issue, 1995–1995 1 sentence 1995See Kennedy v. Henderson, 794 P.2d 754, 754-57 (Okla. 1990), and the dissenting opinion. [11] The issue in the present case involves the application of the intrastate doctrine of forum non conveniens.	1	1
Haynes v. Carrgreen dc · 1977 · cited in 1 Oklahoma opinions naming this issue, 1995–1995 2 sentences 1995See e.g., Haynes v. Carr, 379 A.2d 1178, 1180 (D.C.App.1977); Bongards’ Creameries v. Alfa-Laval, Inc., 339 N.W.2d 561, 563 (Minn.1983). 1995See e.g., Haynes v. Carr, 379 A.2d 1178, 1180 (D.C.App. 1977); Bongards' Creameries v. AlfaLaval, Inc., 339 N.W.2d 561, 563 (Minn. 1983).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
Coulter v. First American Resources, L.L.C. green okla · 2009 2 sentences 2014Corp. v. Tidwell , 1991 OK 119, 820 P.2d 1338, 1341 (an adjudication of a plaintiff's cause of action must also adjudicate all defenses and interrelated counterclaims to that particular cause of action that were properly raised by the defendant). 24 Coulter v. First American Resources, L.L.C. , 2009 OK 53, 214 P.3d 807. 25 Smith v. City of Stillwater , 2014 OK 42, § 13, 328 P.3d 1192, 1197-1198 ("Where not all claims appear to be frivolous on their face or without merit, dismissals for failure to state a claim upon which relief may be granted are premature."). 2014Corp. v. Tidwell , 1991 OK 119, 820 P.2d 1338, 1341 (an adjudication of a plaintiff's cause of action must also adjudicate all defenses and interrelated counterclaims to that particular cause of action that were properly raised by the defendant). 24 Coulter v. First American Resources, L.L.C. , 2009 OK 53, 214 P.3d 807. 25 Smith v. City of Stillwater , 2014 OK 42, § 13, 328 P.3d 1192, 1197-1198 ("Where not all claims appear to be frivolous on their face or without merit, dismissals for failure to state a claim upon which relief may be granted are premature.").	1	2014–2014
International Shoe Co. v. Washington green scotus · 1945 2 sentences 1981Whether this is an appropriate application of the forum non conveniens doctrine we need not determine in view of our disposition of plaintiff’s first proposition. . 326 U.S. 310 , 66 S.Ct. 154 , 90 L.Ed.2d 95 (1945). 1981Whether this is an appropriate application of the forum non conveniens doctrine we need not determine in view of our disposition of plaintiff’s first proposition. . 326 U.S. 310 , 66 S.Ct. 154 , 90 L.Ed.2d 95 (1945).	1	1981–1981
Shaffer v. Heitner green scotus · 1977 2 sentences 1981The court in Shaffer v. Heitner, 433 U.S. 186 , 97 S.Ct. 2569 , 53 L.Ed.2d 683 (1977), reaffirmed the minimum contact standard with out indicating any inclination to expand its scope. . 443 P.2d 111 (Okl.1968). 1981The court in Shaffer v. Heitner, 433 U.S. 186 , 97 S.Ct. 2569 , 53 L.Ed.2d 683 (1977), reaffirmed the minimum contact standard with out indicating any inclination to expand its scope. . 443 P.2d 111 (Okl.1968).	1	1981–1981
Crescent Corporation v. Martin green okla · 1968 1 sentence 1981The court in Shaffer v. Heitner, 433 U.S. 186 , 97 S.Ct. 2569 , 53 L.Ed.2d 683 (1977), reaffirmed the minimum contact standard with out indicating any inclination to expand its scope. . 443 P.2d 111 (Okl.1968).	1	1981–1981
SAFEWAY STORES, INCORPORATED v. Martin green okla · 1974 1 sentence 1979In discussing application of the doctrine of forum non-conveniens, we stated in Safeway Stores, Inc. v. Martin, supra, that the rights of a defendant to be tried in the county where he resides is a remedial provision of our statutes and exceptions to this doctrine are to be strictly construed.	1	1979–1979
Gulf Oil Company v. Woodson green okla · 1972 2 sentences 1974Nor does Gulf, supra, require that divorce be subject to the doctrine of forum non conveniens. 1974Nor does Gulf, supra, require that divorce be subject to the doctrine of forum non conveniens.	1	1974–1974

Where else courts name it

IL 259 (1948–2026) PA 113 (1959–2026) TX 110 (1960–2025) CA 109 (1953–2026) NY 105 (1943–2025) FL 88 (1954–2024) AL 74 (1990–2025) DE 68 (1961–2026) NJ 48 (1954–2024) OH 46 (1936–2025) CT 44 (1985–2020) MI 31 (1973–2020) DC 31 (1957–2015) WA 28 (1959–2026) MO 25 (1958–2023) WV 24 (1963–2026) MA 20 (1936–2024) MT 18 (1961–2017) GA 18 (1956–2025) LA 17 (1971–2010) MN 16 (1954–2019) MS 14 (1968–2020) TN 12 (1989–2025) MD 10 (1995–2025) ME 10 (1989–2020) NM 10 (1979–1998) KY 9 (1981–2023) OR 9 (1968–2025) IN 9 (1985–2019) CO 9 (1972–2019) OK 8 (1974–2014) RI 8 (2001–2016) UT 7 (1950–2023) SD 6 (1990–2015) VA 6 (1991–2013) AR 6 (1957–2010) NV 6 (2013–2022) AK 6 (1985–2024) NC 5 (2014–2020) WY 4 (1999–2024) KS 4 (1962–1990) IA 3 (1995–2018) NH 3 (1988–2007) AZ 3 (1978–2024) ND 2 (2009–2009) VI 2 (2023–2023) HI 2 (1948–1998) NE 2 (2007–2021)

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.

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