Dist. Ct. did not err in dismissing on forum non conveniens grounds plaintiff’s lawsuit alleging that defendant bribed Mexican government officials to sell unregistered medical products in Mexico. Record showed that Mexico was available alternative forum, where defendant consented to service of process and personal jurisdiction in Mexico, and where there was no risk that plaintiff would be wholly deprived of remedy by litigating case in Mexican courts. Moreover. Dist. Ct. could properly conclude as favoring dismissal of case in favor of litigating case in Mexico, fact that: (1) Mexico had relative ease of access to sources of proof; (2) availability of compulsory process and costs for attendance of witnesses favored Mexico, where relevant witnesses resided in Mexico; and (3) ease of enforcement of any judgment favored Mexico. Ct. further noted that: (1) purported contracts were executed in Mexico between Mexican parties; and (2) Mexican agents carried out alleged bribery scheme, and any injury occurred in Mexico. Ct. rejected plaintiff’s claim that instant lawsuit presented only local controversy in Indiana, which was defendant‘s home state, and that United Nations Convention Against Corruption treaty altered forum non conveniens analysis, where Ct. held that said treaty did not constitute binding federal law.
Federal 7th Circuit Court
Civil Court
Forum Non Conveniens