Legal Opinion
Vicknair v. Phelps Dodge Industries, Inc.
North Dakota Supreme Court
Decided June 29, 2009No. 20080139PublishedCited by 1 opinion
1Opinion of the Court
SANDSTROM, Justice.
[¶ 1] Joseph M. Vicknair and fourteen other plaintiffs appeal from a judgment severing them from two lawsuits and dismissing without prejudice on the ground of forum non conveniens their asbestos-related product liability action against Phelps Dodge Industries, Inc., and numerous other defendants. We conclude the district court erred in granting the motion to dismiss on the basis of forum non conve-niens, because the defendants have not shown an adequate alternative forum exists in another jurisdiction to entertain the plaintiffs’ claims. We reverse and remand.
I
[¶ 2] The…
2Cases cited28 opinions
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
- Sinochem International Co. v. Malaysia International Shipping Corp.Supreme Court of the United States · 2007
- Islamic Republic of Iran v. PahlaviNew York Court of Appeals · 1984
- In Re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982. Luis Alberto Trivelloni-Lorenzi, and Susanna Electra Trivelloni-Lorenzi v. Pan American World Airways, Inc., Ernesto Serio Pampin Lopez, Individually and as Administrator of the Estate of His Deceased Mother Sara E. Lopez De Pampin v. Pan American Airways, Inc., and United States of AmericaCourt of Appeals for the Fifth Circuit · 1987
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3Cited by1 opinion
- Vicknair v. Phelps Dodge Industries, Inc.North Dakota Supreme Court · 2009