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Tokio Marine further claims that the Court of Appeals’ conclusion that Tokio Marine failed to meet its burden of showing that litigation in the United States would deprive the parties of access to evidence ignores Piper Aircraft’s concern that a moving party may be unable to make such a detailed showing with evidence located abroad. Contraryto Petitioner’s argument, the Ninth Circuit opinion is entirely consistent with Piper Aircraft and reflects this Court’s recognition that the amount of proof necessary to establish forum non conveniens will vary from case to case. Piper Aircraft, 454 U.S. at 258 (rejecting a per se rule requiring a specific level of detail to establish forum non conveniens). Both Piper, the Court of Appeals’ decision, and the opinions of several other circuits hold that a per se rule is inappropriate given the fact-intensive nature of the forum non conveniens inquiry. The flexible standard with which the circuit courts evaluate whether the moving party has met its burden of proof, as well as the fact- intensive nature of the forum non conveniens inquiry, make review by this Court inappropriate.


The Courts Have Established A Flexible Standard In Applying The Gilbert Factors, Which Was Followed By The Ninth Circuit.

Courts have been reluctant to establish a hard and fast rule about the amount of proof a moving party must bring forth to meet its burden of proving that dismissal for forum non conveniens is appropriate. Recognizing that not every case will require the same showing to establish forum non conveniens, this Court has refrained from creating a per se rule that would automatically require detailed affidavits and other evidence of the Gilbert factors in every case. Piper Aircraft, 454 U.S. at 258. This Court emphasized, however, that the moving party

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