United States Third Circuit

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Kisano Trade & Invest Limited v. Lemster, 13-1759

In an action alleging violations of the Racketeer Influenced Corrupt Organizations Act (RICO), intentional interference with contract, unjust enrichment, and breach of fiduciary duty, the district court's order granting defendant's motion to dismiss for forum non conveniens is affirmed, where: 1) the equal access provision in the United States-Israel treaty does not change the analysis with respect to the degree of deference a district court must afford a foreign plaintiff's choice of forum; and 2) the district court did not abuse its discretion in concluding that plaintiffs' choice of forum merited only lesser deference, or in weighing the private and public interest factors in determining if plaintiffs' chosen forum would cause oppressiveness and vexation to a defendant out of all proportion to plaintiff's convenience.

Appellate Information

  • Decided 12/12/2013
  • Published 12/12/2013

Judges

  • BARRY

Court

  • United States Third Circuit

Counsel

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