VE CORP. v. Ernst & Young

The issue in this ease is whether filing an identical lawsuit in another state, when the original suit in this state is dismissed on the basis of forum non conveniens, renders the appeal of the Texas dismissal moot. We conclude that it does not and remand this cause to the court of appeals.

In a Texas state court, VE Corporation (“VE”) sued Ernst & Young for accounting malpractice in connection with work performed in California. Ernst & Young moved to dismiss the suit based on forum non con-veniens, and its motion was granted. VE appealed the trial court’s order. While the case was pending on…