Gutierrez v. Advanced Medical Optics, Inc.

I agree with my colleagues in the majority that the dismissal of this case on forum non conveniens grounds is reviewed for an abuse of discretion. I also agree that the district court acted within its discretion when it granted the Defendant’s motion to dismiss. Nevertheless, the majority goes further and holds that the district court must now reconsider its admittedly correct ruling. I expressly decline to join that portion of the majority opinion. I am not *1033convinced that we “are therefore compelled to address the fact that Mexico has declined to accept jurisdiction.” Majority Opinion, p.…