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The Second British Invasion: Foreign Nationals in U.S. Courts
When the British invaded in the 1960s, they came as rock and roll bands. Today, the British ' joined by the Italians, the French, and other foreign nationals ' are storming America's shores as plaintiffs in pharmaceutical personal-injury class action and other complex litigation matters. These plaintiffs sue domestic U.S. corporations here for alleged injuries caused abroad by their international subsidiaries. In doing so, the foreign plaintiffs are attempting to circumvent favorable foreign law that protects the corporate defendant. As shown below, the forum non conveniens doctrine is a viable defense to these suits in certain situations.
This article highlights why foreign plaintiffs are retaining U.S. counsel to file suits across the pond. It also explains the factors that a court must consider, and counsel must raise, when deciding the defendant's forum non conveniens motion. Finally, it recaps two recent New Jersey cases in which defendants have and have not been successful in turning away the foreign plaintiff.
Foreign Nationals in U.S. Courts
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