Asbestos Ruling May Drive Products Suits Out Of State
"The way forum non conveniens factors fit together, I think it's easy for lower courts to go astray if they don't consider every one of the possibilities," Sedgwick LLP partner Kirk Jenkins said.
Jenkins referenced the jury's potential need to view a site as one possibility frequently disregarded by trial courts. Defendants facing claims from an out-of-state plaintiff with injuries that allegedly occurred out of state now can point to the majority's highlighting of the site visit, even if such visits are rare.
"There's really no equivocation here about their position," Jenkins said. "It's not fact-specific, and it states their principles loud and clear."