RECALIBRATING THE FORUM NON CONVENIENS ANALYSIS: THE EFFECTS OF TECHNOLOGY ON TRANSPORTING EVIDENCE

Cervone, Catherine | November 2, 2020

This Note seeks to reexamine the judge-made doctrine of forum non conveniens. Advances in technology and changes in the rules governing evidence transportation render it easier for a defendant to litigate in foreign fora than ever before. Judges should consider these developments in the litigation landscape when evaluating a defendant􏰀s motion to dismiss pursuant to forum non conveniens. The doctrine should be recalibrated so that it leads to dismissal only in cases where it is impossible for the defendants to litigate in plaintiff􏰀s chosen forum.