United States Eighth Circuit

In an action for breach of contract and fraudulent misrepresentation, district court's dismissal on forum non conveniens grounds is reversed where: 1) the court lacked the power of dismissal under 28 U.S.C. sec. 1404(a) as there is an alternative federal forum in Nebraska and thus this is not a situation in which the common-law doctrine of forum non conveniens has continuing application in federal court; and 2) even if transfer under 28 U.S.C. sec. 1404(a) were unavailable, the court still erred in its application of traditional forum non conveniens principles.

Appellate Information

• Decided 08/06/2009
• Published 08/06/2009

Judges

• SHEPHERD, Circuit Judge., Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James E. Harris, argued, Omaha, NE, James E. Harris, Britany S. Shotkoski, Omaha, NE, Marc A. Humphrey, Urbandale, IA, on the brief, for Appellant.


• For Appellees:
  
• Patrick McNulty, argued, Patrick McNulty, Laura N. Martino, on the brief, Des Moines, IA, for Appellee.