Chesley v. Union Carbide Corp.

I concur in affirming the district judge’s denial of appellants’ attorneys’ fee applications but write separately because the majority has adopted an incomplete analysis of this issue.

This Court previously affirmed the district court’s dismissal of the underlying action for which attorneys’ fees are now sought. We stated:

Once [the district court] dismisses [the United States] proceedings on grounds of forum non conveniens it ceases to have any further jurisdiction over the mat-ter_ The concept of shared jurisdictions is both illusory and unrealistic. The parties cannot simultaneously submit…