Duha v. Agrium, Inc.

R. GUY COLE, JR., Circuit Judge,

dissenting.

I believe that the majority incorrectly applies the clear abuse-of-discretion standard of review and does not properly follow the Supreme Court’s and our precedent in forum non conveniens cases. Therefore, I respectfully dissent.

I. Standard of Review

While the majority opinion acknowledges that we review a district court’s forum non conveniens determination for abuse of discretion, it then proceeds, in my view, to engage in a de 'novo review. I believe that, while the majority acknowledges the proper standard of review, they have “lost sight of this…