forum non conveniens doctrine (Arkansas) · Go Syfert
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forum non conveniens doctrine in Arkansas

6 Arkansas opinions name it 2 courts 1957–2010 0 in the last five years

The cases below were cited by Arkansas 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 (2)

CaseFollowedCited
Running v. Southwest Freight Lines, Inc.green
ark · 1957 · cited in 3 Arkansas opinions naming this issue, 1957–2010
2 sentences

1981In Running v. Southwest Freight Lines, Inc., 227 Ark. 839 , 303 S.W. 2d 578 (1957), we expressed the considerations the trial court should weigh in applying the doctrine of forum non conveniens to be those of convenience to each party in obtaining documents or witnesses, the expense involved to each party, the condition of the trial court’s docket “and any other facts or circumstances affecting a just determination.” As we have held in Grovey, the application of the doctrine oíforum non conveniens lies within the sound discretion of the trial court in actions between nonresidents.

1981In Running v. Southwest Freight Lines, Inc., 227 Ark. 839 , 303 S.W. 2d 578 (1957), we expressed the considerations the trial court should weigh in applying the doctrine of forum non conveniens to be those of convenience to each party in obtaining documents or witnesses, the expense involved to each party, the condition of the trial court’s docket “and any other facts or circumstances affecting a just determination.” As we have held in Grovey, the application of the doctrine oíforum non conveniens lies within the sound discretion of the trial court in actions between nonresidents.

13
Malone & Hyde, Inc. v. Chisleygreen
ark · 1992 · cited in 1 Arkansas opinions naming this issue, 2010–2010
2 sentences

2010See Running v. Southwest Freight Lines, Inc., 227 Ark. 839 , 303 S.W.2d 578 (1957), overruled on other grounds, Malone & Hyde, Inc. v. Chisley, 308 Ark. 308 , 825 S.W.2d 558 (1992).

2010See Running v. Southwest Freight Lines, Inc., 227 Ark. 839 , 303 S.W.2d 578 (1957), overruled on other grounds, Malone & Hyde, Inc. v. Chisley, 308 Ark. 308 , 825 S.W.2d 558 (1992).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
United States v. National City Lines, Inc. green
scotus · 1948
2 sentences

2010In holding that it did not, this court cited United States v. National City Lines, 334 U.S. 573 , 68 S.Ct. 1169 , 92 L.Ed. 1584 (1948), for the proposition that the doctrine of forum non conveniens should not be applied so as to override a venue statute, because such application would constitute judicial overriding of legislative action as to venue.

2010In holding that it did not, this court cited United States v. National City Lines, 334 U.S. 573 , 68 S.Ct. 1169 , 92 L.Ed. 1584 (1948), for the proposition that the doctrine of forum non conveniens should not be applied so as to override a venue statute, because such application would constitute judicial overriding of legislative action as to venue.

12010–2010
Hicks v. Wolfe green
ark · 1957
2 sentences

2010On appeal, the question before this court in Hicks was whether the doctrine of forum non conveniens applied “between Counties in this State.” Hicks, 228 Ark. at 411 , 307 S.W.2d at 787 .

2010On appeal, the question before this court in Hicks was whether the doctrine of forum non conveniens applied “between Counties in this State.” Hicks, 228 Ark. at 411 , 307 S.W.2d at 787 .

12010–2010
Spring Hope Rockwool, Inc. v. Industrial Clean Air, Inc. green
nced · 1981
1 sentence

1994LOA also cites Spring Hope Rockwool v. Industrial Clean Air, Inc., 504 F.Supp. 1385 (E.D.N.C. 1981), for its proposal that where the arbitration clause provides the situs for arbitration, such arbitration cannot be avoided under the doctrine of forum non conveniens.

11994–1994
Heber Springs Lawn & Garden, Inc. v. FMC Corp. neutral
ark · 1982
2 sentences

1990The Arkansas Supreme Court, in Heber Springs Lawn and Garden, Inc. v. FMC Corporation, 275 Ark. 260 , 628 S.W.2d 563 (1982), stated: The relief apparently sought in appellants’ motion dated February 13, 1981, was that the court dismiss the matter under the doctrine of forum non conveniens.

1990The Arkansas Supreme Court, in Heber Springs Lawn and Garden, Inc. v. FMC Corporation, 275 Ark. 260 , 628 S.W.2d 563 (1982), stated: The relief apparently sought in appellants’ motion dated February 13, 1981, was that the court dismiss the matter under the doctrine of forum non conveniens.

11990–1990
Altshuler v. Altshuler neutral
ark · 1953
2 sentences

1957In other words, it lies within the discretion of the courts whether or not they will entertain such a transitory action.’ ” Likewise in Altshuler v. Altshuler, 222 Ark. 271 , 258 S. W. 2d 545 , this court in referring to the doctrine of forum non conveniens as it is discussed in Am.

1957In other words, it lies within the discretion of the courts whether or not they will entertain such a transitory action.’ ” Likewise in Altshuler v. Altshuler, 222 Ark. 271 , 258 S. W. 2d 545 , this court in referring to the doctrine of forum non conveniens as it is discussed in Am.

11957–1957
Missouri Ex Rel. Southern Railway Co. v. Mayfield green
scotus · 1950
2 sentences

1957Ed. 3, 71 S. Ct. 1 , and in the other cases cited therein, I am still of the view that the doctrine of forum non conveniens, when applied in a State court on a transitory cause of action against a non-resident of. the State, is in violation of the said quoted section of the United States Constitution. 2 Aside from the constitutional question, there are other reasons why I think the majority, in the case at bar, has made a mistake in adopting any part of the rule of forum non conveniens.

1957Co. v. Mayfield, 340 U.S. 1 , 71 S.Ct. 1 , 95 L.Ed. 3 , and in the other cases cited therein, I am still of the view that the doctrine of forum non conveniens, when applied in a State court on a transitory cause of action against a non-resident of the State, is in violation of the said quoted section of the United States Constitution. [2] Aside from the constitutional question, there are other reasons why I think the majority, in the case at bar, has made a mistake in adopting any part of the rule of forum non conveniens.

11957–1957

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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