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Forum non conveniens

Brief of Respondent

Lisby v. PACCAR, Inc.

This case was a product liability case against Paccar, Inc. who makes Kenworth trucks. Mr. Lisby was driving a Kenworth water truck on a construction site when it rolled over due to uneven terrain. When the truck rolled onto its roof, the roof failed, crushing in on Mr. Lisby and causing his death. The incident occurred in Texas, but Paccar is headquartered in Washington. The case was filed in Washington by Heygood, Orr & Pearson on behalf of the family of Mr. Lisby. Paccar filed a motion to dismiss under the doctrine of Forum Non Conveniens arguing that Texas was a more appropriate forum since all the witnesses to the accident were in Texas. The plaintiff responded arguing that Washington was the most appropriate forum since the central issue in the case was the design of the truck, and it was designed in Washington. The Court ruled that it would grant Paccar’s motion, but only if Paccar stipulated that the Washington Statute of Repose would apply when the case proceeds in Texas. Paccar applied for a discretionary interlocutory appeal, which was granted. This was the brief submitted by Heygood, Orr & Pearson on the merits of the appeal.

Respondent’s Answer to Motion for Discretionary Review

Lisby v. PACCAR, Inc.

This case was a product liability case against Paccar, Inc. who makes Kenworth trucks. Mr. Lisby was driving a Kenworth water truck on a construction site when it rolled over due to uneven terrain. When the truck rolled onto its roof, the roof failed, crushing in on Mr. Lisby and causing his death. The incident occurred in Texas, but Paccar is headquartered in Washington. The case was filed in Washington by Heygood, Orr & Pearson on behalf of the family of Mr. Lisby. Paccar filed a motion to dismiss under the doctrine of Forum Non Conveniens arguing that Texas was a more appropriate forum since all the witnesses to the accident were in Texas. The plaintiff responded arguing that Washington was the most appropriate forum since the central issue in the case was the design of the truck, and it was designed in Washington. The Court ruled that it would grant Paccar’s motion, but only if Paccar stipulated that the Washington Statute of Repose would apply when the case proceeds in Texas. Paccar applied for a discretionary interlocutory appeal. This was the brief submitted by Heygood, Orr & Pearson in response to Paccar’s request for appellate review.

Defendent PACCAR’s Motion to Dismiss

Lisby v. Paccar, Inc.

This case was a product liability case against Paccar, Inc. who makes Kenworth trucks. Mr. Lisby was driving a Kenworth water truck on a construction site when it rolled over due to uneven terrain. When the truck rolled onto its roof, the roof failed, crushing in on Mr. Lisby and causing his death. The incident occurred in Texas, but Paccar is headquartered in Washington. The case was filed in Washington and Paccar filed a motion to dismiss under the doctrine of Forum Non Conveniens arguing that Texas was a more appropriate forum since all the witnesses to the accident were in Texas. The plaintiff responded arguing that Washington was the most appropriate forum since the central issue in the case was the design of the truck, and it was designed in Washington. This brief was filed by Heygood, Orr & Pearson on behalf of their client.

Real Party in Interest’s Response to Relator’s Petition for Mandamus

Merema v. ENSCO Offshore

This case was a wrongful death case involving the death of an offshore oil rig worker in the coastal waters off of Singapore while onboard an Australian owned and registered oil rig. The defendants sought dismissal on the basis of forum non conveniens. The trial court denied Defendants’ motion and they filed a petition for mandamus. The plaintiff argued that dismissal was not appropriate because the defendants had their principal places of business in Texas and numerous witnesses were located in Texas. The court of appeals agreed and denied the mandamus petition. This brief was filed by Heygood, Orr & Pearson on behalf of their client.

Response to Defendants’ Motion to Dismiss or Stay on Grounds of Forum Non Conveniens

Meeusen v. Alza

This brief was filed in California state court in response to a motion filed by the defendants in a fentanyl pain patch case seeking a stay or dismissal of the action under the doctrine of forum non conveneins. The defendants argued that the case should be dismissed or stayed because it involved the death of a Michigan resident that occurred in Michigan allegedly as a result of the patient’s use of a fentanyl pain patch prescribed, purchased and used in Michigan. Under Michigan law, the plaintiff would have had no cause of action because Michigan does not recognize product liability claims against pharmaceutical manufacturers. Plaintiff responded that the defendant that manufactured the patch had its principal place of business in California and actually designed and manufactured the patch in California. Plaintiff argued that the balance of the public and private interest factors favored maintaining the suit in California. The court agreed and denied the defendants’ motion. This brief was filed by Heygood, Orr & Pearson on behalf of their client.

Response to Defendants’ Motion to Dismiss or Stay on Grounds of Forum Non Conveniens

Koresky v. Watson

This brief was filed in California state court in response to a motion filed by the defendants in a fentanyl pain patch case seeking a stay or dismissal of the action under the doctrine of forum non conveneins. The defendants argued that the case should be dismissed or stayed because it involved the death of a Michigan resident that occurred in Michigan allegedly as a result of the patient’s use of a fentanyl pain patch prescribed, purchased and used in Michigan. Under Michigan law, the plaintiff would have had no cause of action because Michigan does not recognize product liability claims against pharmaceutical manufacturers. Plaintiff responded that the defendant that manufactured the patch had its principal place of business in California and actually designed and manufactured the patch in California. Plaintiff argued that the balance of the public and private interest factors favored maintaining the suit in California. This brief was filed by Heygood, Orr & Pearson on behalf of their client.

Response to Defendants’ Motion to Dismiss or Stay on Grounds of Forum Non Conveniens

Jordan v. Alza

This brief was filed in California state court in response to a motion filed by the defendants in a fentanyl pain patch case seeking a stay or dismissal of the action under the doctrine of forum non conveneins. The defendants argued that the case should be dismissed or stayed because it involved the death of a North Carolina resident that occurred in North Carolina allegedly as a result of the patient’s use of a fentanyl pain patch prescribed, purchased and used in North Carolina. Plaintiff responded that the defendant that manufactured the patch had its principal place of business in California and actually designed and manufactured the patch in California. Plaintiff argued that the balance of the public and private interest factors favored maintaining the suit in California. The court agreed and denied the defendants’ motion. This brief was filed by Heygood, Orr & Pearson on behalf of their client.

Response to Defendants’ Motion to Dismiss or Stay on Grounds of Forum Non Conveniens

Helzer v. Alza

This brief was filed in California state court in response to a motion filed by the defendants in a fentanyl pain patch case seeking a stay or dismissal of the action under the doctrine of forum non conveneins. The defendants argued that the case should be dismissed or stayed because it involved the death of a Michigan resident that occurred in Michigan allegedly as a result of the patient’s use of a fentanyl pain patch prescribed, purchased and used in Michigan. Under Michigan law, the plaintiff would have had no cause of action because Michigan does not recognize product liability claims against pharmaceutical manufacturers. Plaintiff responded that the defendant that manufactured the patch had its principal place of business in California and actually designed and manufactured the patch in California. Plaintiff argued that the balance of the public and private interest factors favored maintaining the suit in California. The court agreed and denied the defendants’ motion. This brief was filed by Heygood, Orr & Pearson on behalf of their client.

Response to Defendants’ Motion to Dismiss or Stay on Grounds of Forum Non Conveniens

Henderson v. Alza

This brief was filed in California state court in response to a motion filed by the defendants in a fentanyl pain patch case seeking a stay or dismissal of the action under the doctrine of forum non conveneins. The defendants argued that the case should be dismissed or stayed because it involved the death of a Colorado resident that occurred in Colorado allegedly as a result of the patient’s use of a fentanyl pain patch prescribed, purchased and used in Colorado. Plaintiff responded that the defendant that manufactured the patch had its principal place of business in California and actually designed and manufactured the patch in California. Plaintiff argued that the balance of the public and private interest factors favored maintaining the suit in California. The court agreed and denied the defendants’ motion. This brief was filed by Heygood, Orr & Pearson on behalf of their client.