Cinematographische Commerz-Anstalt, 684 F.2d 232, 235 (2d Cir. 1982) (reversing because the district court “failed to identify the basic issue in the lawsuit”).
The Court of Appeals’ holding is consistent with those Second Circuit opinions. No other circuit has disapproved of the Second Circuit’s line of cases. Because there is no split of authority as to whether a district court abuses its authority when it balances the Gilbert factors based on a misreading of the plaintiff’s claim, this Court should deny Petitioner’s request for certiorari.
In Balancing The Gilbert Factors, The Ninth Circuit Accorded Proper Weight To The Access To Evidence For Both Parties, Among The Other Relevant Factors.
The Court of Appeals’ balancing of the Gilbert factors does not depart from the consistent decisions of the other courts of appeals. Under Gilbert, a court faced with a motion to dismiss for forum non conveniens must balance both private and public factors. These private factors include the relative ease of access to sources of proof, the availability of compulsory process for attendance of unwilling witnesses, the cost of obtaining attendance of willing witnesses, the possibility of viewing the premises, the enforceability of judgment, and the relative advantages and obstacles to a fair trial. Gilbert, 330 U.S. at 508. The public interest factors a court should consider include the administrative difficulties from congestion when litigation is not handled at its origin, the imposition of jury duty on a community that has no relation to the litigation, local interest in having localized controversies decided at home, and the benefit of resolving cases in a forum that is familiar with the