In this article, Sedgwick partner Steven Wasserman and associate Sunny Shapiro discuss California's forum non conveniens jurisprudence, and the history of out-of-state plaintiffs bringing asbestos suits in the state of California.
From the article:
With California courts facing budget shortfalls and even monthly courtroom closures, there is no better time to examine the additional workload resulting from the reticence of many judges to apply California's
forum non conveniens jurisprudence and grant such motions in asbestos matters. Every year scores of asbestos cases are filed in California courts for injuries alleged by plaintiffs living outside California. These cases unnecessarily clog an already-overburdened court system, impose extensive costs on this state's taxpayers, and delay California residents seeking their own "day in court." All this would be alleviated if our courts were more receptive to
forum non conveniens motions to remove cases brought by out-of-state plaintiffs for alleged injuries that occurred predominantly, in many cases almost entirely, outside of California.