Pennsylvania Superior Court Reverses Forum Non Conveniens Dismissal of International Air Crash Case, But Don’t Equate Pennsylvania with Cook County, Illinois (Just Yet)

United States courts facing forum non conveniens (FNC) motions, at least with respect to lawsuits arising out of air crashes that occur outside of the United States, seem to fall into two distinct camps: Cook County, Illinois, where FNC motions very often are said to go to die, and the rest of the country, where these motions much more frequently are granted. While this characterization might be a slight oversimplification, in practice, it has been seen to be not far from reality.

After the Superior Court of Pennsylvania’s decision to reverse the trial court’s dismissal on FNC grounds in Bochetto v. Piper Aircraft Co., 2014 Pa. Super 120, 2014 Pa. Super. LEXIS 1180 (June 9, 2014), some have questioned whether Pennsylvania is coming closer to following Cook County’s lead.

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