Binder v. Shepard's Inc.

Summary

The Supreme Court of Oklahoma held that the existence of a viable alternative forum is a prerequisite to dismissal under the doctrine of forum non conveniens. The court further held that the defendant bears the burden of establishing an available alternative forum and may be required to accept service, submit to jurisdiction, and waive statute-of-limitations defenses in that forum.

Holdings

1. The existence of a viable alternate forum is a prerequisite to applying the doctrine of forum non conveniens.
2. The defendant seeking dismissal bears the burden of establishing the existence of a viable alternate forum.
3. A court may condition dismissal for forum non conveniens on the defendant's agreement to accept service, submit to personal jurisdiction, and waive statute-of-limitations defenses in the plaintiff's chosen alternate forum, provided that forum accepts the waiver.
4. The district court abused its discretion by dismissing McGraw-Hill without ensuring that a viable alternate forum was actually available.

Questions Presented

1. Whether a viable alternate forum is a prerequisite to dismissal under the doctrine of forum non conveniens.
2. Whether the defendant seeking forum non conveniens dismissal bears the burden of establishing that a viable alternate forum exists.
3. Whether a court may condition a forum non conveniens dismissal on the defendant's acceptance of service and personal jurisdiction and waiver of statute-of-limitations defenses in the alternate forum.
4. Whether the district court abused its discretion by dismissing the case without ensuring that an actually available alternate forum existed.

Disposition

reversed_and_remanded