Aranda v. Philip Morris U.S. Inc.

I agree that our cases have not directly addressed whether an alternative forum must be available before dismissing a case for forum non conveniens . My own view of why this is so is that under the overwhelming hardship test motions to dismiss for forum non conveniens have seldom been granted. In Kolber v. Holyoke Shares, Inc. , then Justice Herrmann wrote that dismissal would occur only in "the rare case" where the factors "balance overwhelmingly in favor of the defendant."43 Ison v. E.I. DuPont de Nemours & Co. , in my opinion, sent a strong message to the trial judges that forum non…