Matsuda

SSI Corp. v. Matsuda

Good Law
175 F. App'x 168
United States Court of Appeals for the Ninth CircuitMay 10, 2006No. 04-35602California643 words

Opinion

Lead Opinion

*169 MEMORANDUM *

Our review of the district court’s dismissal based on forum non conveniens presents SSI Corporation (SSI) “with an uphill battle.” Lockman Found, v. Evangelical Alliance Mission, 930 F.2d 764, 767 (9th Cir.1991). We review the district court’s dismissal narrowly for a clear abuse of discretion. Id.

“A party moving to dismiss on grounds of forum non conveniens must show two things: (1) the existence of an adequate alternative forum, and (2) that the balance of private and public interest factors favors dismissal.” Id. SSI concedes that Japan is an adequate forum. SSI argues instead that the district court failed to properly balance the private and public interest factors.

As the district court recognized, the strong presumption in favor of a plaintiffs choice of forum does not apply to a foreign plaintiff such as SSI. Rather, SSI’s choice of forum is entitled to less deference. See Lueck v. Sundstrand Corp., 236 F.3d 1137, 1143 (9th Cir.2001) (“[A] foreign plaintiffs choice deserves less deference. But ... less deference is not the same thing as no deference.”) (quotation marks and citations omitted).

The district court properly considered the relevant public…

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