Texas Supreme Court Rules on Forum Non Conveniens Case

The aviation litigation practice at Brown Dean often involves parties and accidents outside of Texas. Thus, the doctrine of forum non conveniens is usually a litigated issue. When the plaintiffs are not Texas residents and the accident occurs outside of Texas, most likely Texas is not a proper forum for any litigation arising out of the accident. However, when any plaintiff is a Texas resident the statute creating the doctrine states the the case may be litigated here. It is considered an exception to the statute prohibiting dismissal of the case on forum non conveniens grounds if one plaintiff is a Texas resident. Recently the Texas Supreme Court clarified that “intervening wrongful death beneficiaries are distinct plaintiffs within the meaning of the Texas-resident exception.” Read the Court’s opinion here:

http://www.supreme.courts.state.tx.us/historical/2014/jul/120957.pdf

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