Piper Aircraft. A moving party is required to provide enough information to enable the court to balance the parties’ interests. See Piper Aircraft, 454 U.S. at 258-59.
The Forum Non Conveniens Analysis Is Fact-Intensive, And The Balancing Of Facts Was Properly Evaluated By The Ninth Circuit.
Finally, the Court of Appeals’ opinion reflects the fact- intensive nature of the forum non conveniens inquiry. The Court of Appeals reversed the District Court because it disagreed with the lower court’s characterization of the nature of Ms. Ito’s claim. The Court of Appeals held that dismissal was inappropriate in this case because there was no showing that any of the relevant evidence is in Japan; California’s interest outweighs Japan’s interest in the litigation, given the nature of the claims; and Ms. Ito chose to sue in her home forum.
Petitioner cites Howe v. Goldcorp Investments, Ltd., 946 F.2d 944 (1st Cir. 1991), in which the First Circuit affirmed a district court’s order dismissing an action for forum non conveniens. Goldcorp underscores the degree to which the facts of a particular case affect the forum non conveniens analysis. In that case, the plaintiff was a shareholder of a foreign corporation that trades on a foreign stock exchange governed by foreign security law; here, Ms. Ito is a private individual who contracted with a foreign insurance company. In Goldcorp, the defendant had virtually no contact with the United States besides the mailing of documents to its shareholders; here, Ms. Ito returned to and sought medical care in the United States at Tokio Marine’s insistence. In Goldcorp,