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International lawsuits and the federal doctrine of forum non conveniens

The doctrine of forum non conveniens is an equitable doctrine that allows a trial court to decline jurisdiction over transitory causes of action that can more fairly be tried in another state or country. However, it raises issues concerning the federal court’s obligations to American and foreign parties that may significantly frustrate the overall trial process, and exacerbate political tensions between countries. This article gives historical context to the federal judiciary and considers the impact of the doctrine on international civil litigation, and analyzes constitutional foundations.

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