No. 23-197

James Owens, et al. v. Turkiye Halk Bankasi A.S.

Lower Court: Second Circuit
Docketed: 2023-09-01
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: choice-of-forum co-plaintiff-composition court-jurisdiction deference foreign-co-plaintiffs forum-non-conveniens international-litigation terrorism terrorism-victims U.S.-resident-plaintiffs
Key Terms:
AdministrativeLaw Takings
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (AI Summary)

Whether the choice of a U.S. forum by U.S.-resident plaintiffs is entitled to 'less deference' under the doctrine of forum-non-conveniens, rather than the strong deference typically accorded to a U.S. resident's choice of forum, when the U.S. plaintiffs are joined by foreign co-plaintiffs

Question Presented (OCR Extract)

QUESTION PRESENTED In applying the doctrine of forum non conveniens, this Court has long held that U.S.-resident plaintiffs are entitled to a “strong presumption” in favor of their choice of a U.S. forum. Piper Aircraft Co. v. Reyno, 454 U.S. 235, 255 (1981). The Second Circuit, however, has replaced that presumption with a test that affords “less deference” to U.S. plaintiffs’ chosen forum when a majority of co-plaintiffs reside abroad. App., infra, 19a. Applying that approach here, the court of appeals upheld dismissal of an action by hundreds of victims of terrorism to satisfy U.S.-court judgments against assets of Iran under U.S. law. The court held that the preference of 202 U.S.-resident plaintiffs to litigate in the United States deserved only “minimal deference,” id. at 20a, because their suit was also joined by more than 400 non-U.S.-resident coplaintiffs. The question presented is as follows: Whether the choice of a U.S. forum by U.S.-resident plaintiffs is entitled to “less deference” under the doctrine of forum non conveniens, rather than the strong deference typically accorded to a U.S. resident’s choice of forum, when the U.S. plaintiffs are joined by foreign co-plaintiffs.

Docket Entries

2024-01-08
Petition DENIED.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-11-22
Rescheduled.
2023-11-21
DISTRIBUTED for Conference of 12/8/2023.
2023-11-21
2023-11-15
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2023-11-14
2023-10-18
Motion to extend the time to file a response is granted in part and the time is further extended to and including November 14, 2023.
2023-10-16
Motion to extend the time to file a response from November 1, 2023 to December 1, 2023, submitted to The Clerk.
2023-09-22
Motion to extend the time to file a response is granted and the time is extended to and including November 1, 2023.
2023-09-19
Motion to extend the time to file a response from October 2, 2023 to November 1, 2023, submitted to The Clerk.
2023-08-30

Attorneys

James Owens, et al.
Matthew Dempsey McGillGibson, Dunn & Crutcher LLP, Petitioner
Matthew Dempsey McGillGibson, Dunn & Crutcher LLP, Petitioner
Turkiye Halk Bankasi A.S.
John S. WilliamsWilliams & Connolly, LLP, Respondent
John S. WilliamsWilliams & Connolly, LLP, Respondent