Justia Civil Procedure Opinion Summaries

Energy Claims Limited (ECL), a British Virginia Island company, was the assignee of certain claims of Eneco, Inc. (Eneco), a now defunct Utah corporation. ECL filed suit in Utah district court, asserting Eneco’s claims against Eneco’s former directors, Catalyst Investment Group Limited (Catalyst), Timothy Roberts, and ARM Asset-Backed Securities, S.A. (ARM). All defendants resided, or had their principal place of business, outside of Utah. The district court (1) dismissed ECL’s claims against the former directors, Catalyst, and Roberts on the basis of forum non conveniens; and (2) dismissed the claims against ARM for improper venue based on a forum selection clause. The court of appeals affirmed. The Supreme Court reversed after declining ECL’s invitation to adopt a choice-of-law inquiry as a threshold to its forum non conveniens analysis, holding that the court of appeals erred in affirming dismissal of ECL’s claims against Defendants on the basis of forum non conveniens and on the basis of improper venue. Remanded. View "Energy Claims Ltd. v. Catalyst Inv. Group Ltd." on Justia Law