Forum Non Conveniens - Lehman v. Humphrey Cayman, Ltd.: The Interaction of the Common Law Doctrine of Forum Non Conveniens and 28 U.S.C. Section 1404(a)

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Johnson, Roher K.
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1984
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INTRODUCTION|Where the interests of justice would best be served, a defendant may make a motion to employ one of two methods to have a case dismissed or transferred from an inconvenient forum. The common law doctrine of forum non conveniens, in essence, allows a court to dismiss an action in favor of a more convenient forum, either state or federal; whereas 28 U.S.C. section 1404(a) allows a district court to transfer an action to another federal forum in which the action might have been brought. The review by the Eighth Circuit Court of Appeals, in Lehman v. Humphrey Cayman, Ltd., involved many issues concerning the common law doctrine of forum non conveniens; however, these issues were not addressed in a manner which fully considered the underlying interaction between the common law doctrine offorum non conveniens and the potential application of 28 U.S.C. section 1404(a)...
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17 Creighton L. Rev. 1407 (1983-1984)
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Creighton University School of Law
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