Wilson Elser Moskowitz Edelman & Dicker LLP
12/07/2021 | News release | Distributed by Public on 12/07/2021 09:26
Lowry Secures Dismissal Based on Forum Non Conveniens
Lowry Secures Dismissal Based on Forum Non Conveniens
December 7, 2021
Michael Lowry (Partner-Las Vegas, NV) obtained a dismissal based on the court's discretionary use of forum non conveniens in a car accident case for a trucking company in Eighth Judicial District Court of Nevada. A car rear-ended a stopped tractor-trailer in Texas, and the plaintiff filed the lawsuit in Las Vegas, Nevada, where the truck driver lived. Michael filed a motion for the Nevada court to apply forum non conveniens and dismiss the case so it could be re-filed in Texas. During oral argument on the motion, the plaintiffs noted one of the reasons the case was filed in Nevada was to avoid the effects of Texas House Bill 19, which was enacted to protect truckers. Nonetheless, the Nevada court agreed Texas was the more appropriate forum for the case, and dismissed it without prejudice.