Whether a proposed alternative forum is adequate and/or available if its statute of limitations has expired

QUESTIONS PRESENTED The Questions Presented all apply to the standards for resolving a motion for forwm non conveniens dismissal. 1. As a matter of law, is a proposed alternative forum adequate and/or available if its statute of limitations applicable to the plaintiffs’ claims has expired? 2. May a district court disregard the burden of proof in a forum non conveniens analysis by dismissing on a ground never raised or argued by the defendants, and doing so without any supporting evidence of record? 3. Inanaction involving both American and foreign plaintiffs, is a court analyzing the issue required to give great deference to the plaintiffs’ choice of an American federal forum? 4. Ifa district court determines a forum non conveniens dismissal is appropriate, in an action where jurisdiction is lacking in the new forum, or the applicable statute of limitations has expired there, must the court condition the dismissal on the defendants’ agreement not to assert those defenses?