Sales v. Weyerhaeuser Company

Summary

The Washington Supreme Court held that a trial court applying forum non conveniens may consider the effect of removal to federal court and transfer to multidistrict litigation on the convenience of the alternative forum. It concluded that the trial court abused its discretion by failing to consider those effects when dismissing the asbestos personal injury action in favor of Arkansas. The court remanded for application of the forum non conveniens factors with proper consideration of removal and MDL transfer.

Holdings

1. The doctrine of forum non conveniens permits a court to consider the effect of removal to another jurisdiction and subsequent multidistrict transfer on the convenience of litigating in the proposed alternative forum.
2. The trial court abused its discretion by applying an erroneous view of the law that prevented it from considering the effect of potential removal and transfer to multidistrict litigation when determining whether Arkansas was a more convenient forum.
3. A trial court may condition a forum non conveniens dismissal on the defendant's stipulation to submit to jurisdiction and litigate in the alternative forum, including by refusing to dismiss if the defendant will not agree to proceed in that forum.

Questions Presented

1. Whether the doctrine of forum non conveniens permits a Washington court to consider the possibility that an action filed in the proposed alternative forum will be removed to federal court and transferred to multidistrict litigation.
2. Whether the trial court abused its discretion by dismissing on forum non conveniens grounds without fully considering the effect of potential removal and multidistrict proceedings on the convenience of litigating in Arkansas.
3. Whether a forum non conveniens dismissal may be conditioned on the defendant's stipulation to litigate in the alternative forum's state courts.

Disposition

remanded