In a significant and hard-fought win, Wood Smith Henning & Berman successfully defended a major corporation in a lawsuit filed in San Francisco Superior Court. The team, composed of Senior Counsel Caitlin Mitchell and Associate Adriana Valdez, persuaded the court to grant a forum non conveniens motion and dismiss the case in favor of adjudication in South Africa, where the underlying incident occurred. The plaintiffs, two of whom reside in California, sued in the state, citing defendant's principal place of business in San Francisco. Despite the steep odds, the court agreed the case belonged elsewhere.
Forum non conveniens is a legal doctrine that allows a court to decline jurisdiction when a case would be more “appropriately and justly tried” in another, suitable jurisdiction. California courts often decline to grant such motions if any plaintiff resides in the state. This result is especially significant in California, which is widely viewed as a plaintiff-friendly jurisdiction, making it a common target for venue shopping against companies headquartered there. The WSHB team's strategic approach and persuasive briefing overcame these traditional challenges, delivering a fantastic result for the client.
"This is an important victory not only for our client, but for every business facing the risk of foreign disputes being imported into plaintiff-friendly jurisdictions when the case at large would benefit from litigation in another jurisdiction besides California," said Senior Counsel Caitlin Mitchell.
"We are proud of our team's work in overcoming long odds to protect our client's right to a fair and appropriate forum," said Partner Steve Disharoon. "This decision sends a strong message that California courts can and will apply the doctrine of forum non conveniens under the right circumstances, even when local interests are in play."
Wood Smith Henning & Berman: Your Trusted Partner
Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
At WSHB, our strength lies in our diverse and accomplished team of attorneys. We boast thought leaders and defense specialists in over 41 fields of practice, covering an extensive range of specialties. Founded in 1997, we are proud to be among the top ten law firms in the nation for diversity, female partners, female lawyers, and Hispanic lawyers. This rich tapestry of diversity forms the foundation of our success when presenting cases to juries of our peers, ensuring we understand the unique nuances underlying each claim.
Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.
