heavy presumption in Rhode Island

2010The Rhode Island Supreme Court similarly noted that "[o]ur courts in Rhode Island must stand open to provide remedies to those who have been injured and to treat all litigants fairly" and that products-liability litigation can "transcend geographical boundaries" while being mindful that "courts need not resolve disputes of all persons who choose to file suit in Rhode Island." Kedy , 946 A.2d at 1188 -89 .

2010The more vital, overall inquiry is whether Plaintiffs' forum choice was made with the purpose of forum shopping or with an intention to "vex, harass, or oppress the defendant." Kedy , 946 A.2d at 1185 (quoting Gulf Oil Corp ., 330 U.S. at 508 ); see also Piper Aircraft Co. v. Reyno , 454 U.S. 235 , 257 n. 23 (1981) (stating that the forum non conveniens analysis turns on whether "the balance of *Page 13 conveniences suggests that trial in the chosen forum would be unnecessarily burdensome for the defendant or the court, [in which case] dismissal is proper").

2010The more vital, overall inquiry is whether Plaintiffs' forum choice was made with the purpose of forum shopping or with an intention to "vex, harass, or oppress the defendant." Kedy , 946 A.2d at 1185 (quoting Gulf Oil Corp ., 330 U.S. at 508 ); see also Piper Aircraft Co. v. Reyno , 454 U.S. 235 , 257 n. 23 (1981) (stating that the forum non conveniens analysis turns on whether "the balance of *Page 13 conveniences suggests that trial in the chosen forum would be unnecessarily burdensome for the defendant or the court, [in which case] dismissal is proper").

2010See Piper Aircraft Co. , 454 U.S. at 241 (holding that "a plaintiff's choice of forum should rarely be disturbed"); Adelson v. Hananel , 510 F.3d 43 , 53 (1st Cir. 2007) (emphasizing that "a heavy presumption weighs in favor of [a U.S. citizen plaintiff's] initial forum choice" and "[the] strong presumption favoring the American forum selected by American plaintiffs"); Reid-Walen v. Hansen , 933 F.2d 1390 , 1395-96 (8th Cir. 1991) (explaining that "[a]t least when the plaintiff is a U.S. citizen with a real interest in the controversy, the plaintiff's forum choice always should be accorded sub

2010See Piper Aircraft Co. v. Reyno , 454 U.S. 235 , 256 n. 24 (1981) ("[T]he deference accorded a plaintiff's choice of forum has never been intended to guarantee that the plaintiff will be able to select the law that will govern the case."); Adelson v. Hananel , 510 F.3d 43 , 53 (1st Cir. 2007) (emphasizing that "a heavy presumption weighs in favor of [a U.S. citizen plaintiffs] initial forum choice " and "[the] strong presumption favoring the American forum selected by American plaintiffs") (emphasis added); Gregory v. Beazer East , 892 N.E.2d 563 (Ill.

2008As the First Circuit Court of Appeals went on to explain: The essential principles of stare decisis may be described as follows: (1) an issue of law must have been heard and decided; (2) if "an issue is not argued, or though argued is ignored by the court, or is reserved, the decision does not constitute a precedent to be followed"; (3) "a decision is . . . stare decisis despite the contention that the court was *Page 7 not properly instructed by counsel on the legislative history, or that the argument was otherwise insufficient"; (4) a decision may properly be overruled if "seriously out of k

1997Austin v. Keefe , 402 U.S. 415 , 91 S.Ct. 1575 , 29 L.Ed.2d 1 (1971); Carroll v. President and Commissioners of Princess Anne , 393 U.S. 175 , 89 S.Ct. 347 , 21 L.Ed.2d 325 (1968).

1997Austin v. Keefe , 402 U.S. 415 , 91 S.Ct. 1575 , 29 L.Ed.2d 1 (1971); Carroll v. President and Commissioners of Princess Anne , 393 U.S. 175 , 89 S.Ct. 347 , 21 L.Ed.2d 325 (1968).