Deb v. Sirva, Inc.

Dist. Ct. abused its discretion in granting defendants’ motion to dismiss instant case on ground of forum non conveniens in action alleging that defendants were responsible for improper disposal and loss of plaintiff’s personal property located in India during proposed move of said property to Canada. Record showed that plaintiff was citizen of Canada and defendants were Delaware corporations with principal places of business in Illinois and corporate offices in Indiana. As such, defendants were required to show existence of another forum that was available to plaintiff in order to support said dismissal, and defendants were unable to show that India was available forum where, although plaintiff made bare assertion in complaint that defendants participated in joint venture with Indian entity during transaction at issue in complaint, defendants disputed said allegation and did not present any other evidence that would support allegation that they would be subject to jurisdiction in India so as to allow Indian court to resolve instant dispute. Also, Dist. Ct. failed to make any similar analysis with respect to Canada being available forum.