A lot of legal jargon sounds as foreign as it is. In the case of “forum non-conveniens,” however, the meaning is much like it sounds. A tactical strategy to avoid litigation, the concept of forum non-conveniens allows defendants to argue that the case against them should be dismissed because the court—or “forum”—where the suit was brought is inconvenient for them.
In the past, big companies defending suits against accident victims have gotten cases dismissed on the ground of forum non-conveniens. The results can be alarming and unfair. Lacking the same resources as the typical corporation, the average accident victim—perhaps still recovering from her injuries—is often unable to bring the case in the court the company says is convenient for them. For example, for obvious reasons, a Florida resident taking on a chain retailer probably would not want to bring her case in Alaska.
In a decision earlier this month, a Florida appellate court denied a large health care company’s attempt to squash a lawsuit through forum non-conveniens. A man had sued the company several years earlier, claiming that the company’s allegedly defective medical device had injured him.