Motion to Dismiss for Forum Non Conveniens in Tennessee

Understanding the Purpose and Significance of a Motion to Dismiss for Forum Non Conveniens

“The doctrine of forum non conveniens presupposes the court has jurisdiction of both the parties and the subject-matter. The doctrine also presupposes there is at least one forum other than the forum chosen where the plaintiff may bring his cause of action, and it is necessary the trial court determine such other forum is available.” (Zurick v. Inman, 221 Tenn. 393, 402 [Tenn. 1968].)

“The principle of forum non conveniens ‘is that where in a broad sense the ends of justice strongly indicate that the controversy may be more suitably tried elsewhere, then jurisdiction should be declined and the parties relegated to relief to be sought in another forum.’” (In re Bridgestone/Firestone, 286 S.W.3d 898, 905 [Tenn. Ct. App. 2009] citing Zurich v. Inman, 221 Tenn. 393, 426 S.W.2d 767, 769 [1968]; see also Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 507, 67 S.Ct. 839, 91 L.Ed. 1055 [1947].)

Discretion of the Trial Court in Deciding Forum Non Conveniens Motions

“Whether a claim should be dismissed on the basis of forum non conveniens is a matter within the discretion of the trial court.” (In re Bridgestone/Firestone, supra, id., citing Zurich, 426 S.W.2d at 772.) “The doctrine presupposes that the court in which the action is filed has jurisdiction over the parties and the subject matter, and also presupposes that there is at least one other forum in which the plaintiff may litigate his claim.” (Id. at 771.) “‘[I]t is necessary [that] the trial court determine [that] such other forum is available.’” (Id. at 771-72.)

Re-Litigating Forum Non Conveniens Claim

“[A] prior forum non conveniens dismissal precludes relitigation between the parties of those issues of law and fact actually litigated and necessary to the dismissal decision.” (Torres v. Bridgestone/Firestone N. Am. Tire, LLC, 498 S.W.3d 565, 570 [Tenn. Ct. App. 2016][internal citations omitted].)“[I]f the objective legal criteria and the underlying material facts in the prior ... determinations were identical, then the prior court's decision precluded the relitigation of the same forum non conveniens issue.” (Id.)

Complying with Rule for Structure and Content of Motion

1. An application to the court for an order shall be by motion which, unless made during a hearing or trial:
1. shall be made in writing,
2. shall state with particularity the grounds therefor, and
3. shall set forth the relief or order sought.

The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.

2. The rules applicable to captions, signing, and other matters form of pleadings apply to all motions and other papers provided for by these rules.

(Tenn. R. Civ. P. 7.02.)