Connex Railroad v. AXA Corporate Solutions Assurance

ORDER DENYING DEFENDANT’S MOTION TO DISMISS for FORUM NON CONVENIENS [14]

I. INTRODUCTION

Presently before the Court is Defendant AXA Corporate Solutions Assurance’s (“AXA”) Motion to Dismiss for forum non conveniens. (ECF No. 14.) The underlying dispute concerns allegations of bad faith by AXA in its capacity as Plaintiffs’ insurance provider. (Compl. ¶¶ 1, 24.) The parties disagree on several points, most pivotally whether French law or federal common law governs the interpretation of the Policy at issue, and whether a United States district court or a French court has a stronger interest in adjudicating the matter. Though this Court concludes that Defendant is correct regarding the choice of law for interpreting the Policy’s forum selection clauses, the Court also determines that the public interest factors and the overall circumstances of the case strongly favor litigation in this district rather than in France. For this reason, discussed in more detail below, the Court DENIES Defendant’s Motion to Dismiss for forum, non conveniens.

II. BACKGROUND

This case stems from the 2008 Metrolink commuter train accident in Chatsworth, California. (Compl. ¶ 15.) Plaintiffs were the…