Sport Carriers, Inc. v. Ferro Corp.

MEMORANDUM **

Sport Carriers, Inc. appeals the dismissal of its action against Ferro Corporation on the ground of forum non conveniens. We reverse and remand.

A dismissal on the basis of forum non conveniens can be granted if there is an adequate alternate forum and balancing of the so-called private and public interest factors favors dismissal. See Creative Tech., Ltd. v. Aztech Sys. Pte. Ltd., 61 F.3d 696, 699 (9th Cir.1995). But in considering the factors, great deference must be shown to the plaintiffs choice of forum, 1 and the burden of overcoming that deference is upon the party that moves for dismissal.

*337 There is no doubt, and Sport Carriers does not dispute, that there is an adequate alternate forum—England. See Lueck v. Sundstrand Corp., 236 F.3d 1137, 1143 (9th Cir.2001); Ceramic Corp. of Am. v. Inka Maritime Corp., 1 F.3d 947 , 949 (9th Cir.1993).

The district court held that the private factors do not “weigh strongly” one way or the other. That is somewhat understated and problematic when we consider that many witnesses to the allegedly false representations and damages are in the United States, and many witnesses to the development and manufacture of the…