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    Gulf Oil Corporation Vs Gilbert Digest

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    Cheeno Pelayo
    The case arose from a fire that gutted a warehouse owned by Gulf Oil Corporation. Gulf Oil sued Gilbert, alleging Gilbert negligently handled a gasoline delivery, causing an explosion and fire that destroyed the warehouse and its contents. Gulf Oil filed the suit in New York, though it was located in Virginia, as was the warehouse. Gilbert argued the case should be heard in Virginia under the doctrine of forum non conveniens. The district court dismissed the case, but the appeals court disagreed. The Supreme Court then ruled that federal district courts have the inherent power to dismiss cases based on forum non conveniens. It found the district court properly applied the doctrine here given most factors pointed to Virginia as the more convenient forum.

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    Gulf Oil Corporation Vs Gilbert Digest

    Uploaded by

    Cheeno Pelayo
    314 views2 pages
    The case arose from a fire that gutted a warehouse owned by Gulf Oil Corporation. Gulf Oil sued Gilbert, alleging Gilbert negligently handled a gasoline delivery, causing an explosion and fire that destroyed the warehouse and its contents. Gulf Oil filed the suit in New York, though it was located in Virginia, as was the warehouse. Gilbert argued the case should be heard in Virginia under the doctrine of forum non conveniens. The district court dismissed the case, but the appeals court disagreed. The Supreme Court then ruled that federal district courts have the inherent power to dismiss cases based on forum non conveniens. It found the district court properly applied the doctrine here given most factors pointed to Virginia as the more convenient forum.

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    Gulf Oil Corporation vs Gilbert Digest

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    The case arose from a fire that gutted a warehouse owned by Gulf Oil Corporation. Gulf Oil sued Gilbert, alleging Gilbert negligently handled a gasoline delivery, causing an explosion and fire that destroyed the warehouse and its contents. Gulf Oil filed the suit in New York, though it was located in Virginia, as was the warehouse. Gilbert argued the case should be heard in Virginia under the doctrine of forum non conveniens. The district court dismissed the case, but the appeals court disagreed. The Supreme Court then ruled that federal district courts have the inherent power to dismiss cases based on forum non conveniens. It found the district court properly applied the doctrine here given most factors pointed to Virginia as the more convenient forum.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    314 views2 pages

    Gulf Oil Corporation Vs Gilbert Digest

    Uploaded by

    Cheeno Pelayo
    The case arose from a fire that gutted a warehouse owned by Gulf Oil Corporation. Gulf Oil sued Gilbert, alleging Gilbert negligently handled a gasoline delivery, causing an explosion and fire that destroyed the warehouse and its contents. Gulf Oil filed the suit in New York, though it was located in Virginia, as was the warehouse. Gilbert argued the case should be heard in Virginia under the doctrine of forum non conveniens. The district court dismissed the case, but the appeals court disagreed. The Supreme Court then ruled that federal district courts have the inherent power to dismiss cases based on forum non conveniens. It found the district court properly applied the doctrine here given most factors pointed to Virginia as the more convenient forum.

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    Gulf Oil Corporation vs. Gilbert 330 US 501 Argued December 1 ! 1"! 1"#$ Decided %arc& 10!

    1"#' (acts) *&e case arose +&en a fire gutted a +are&ouse o+ned and operated b, t&e plaintiff. *&e allegations provide t&at t&e defendant carelessl, &andled a deliver, of gasoline to &is +are&ouse tan-s and pumps as to cause an e.plosion and fire +&ic& consumed t&e +&ole +are&ouse toget&er +it& t&e merc&andise of &is customers. *&e plaintiff as-s for a /udgment amounting to 03$5!51".'' in damages. *&e brea-do+n of +&ic& are t&e follo+ing) 2130#1! ".10 damage to &is +are&ouse +&ic& +as totall, consumed4 213 03!$01.#0 destro,ed merc&andise and fi.tures to &is damage4 233 010!030 in/ur, to &is business and profits4 2#3 0300!000 +ort& of burned propert, of customers in &is custod, t&roug& t&e +are&ousing agreement4 253 costs! disbursements! and interests from t&e date of t&e fire. *&e plaintiff broug&t t&e case in Sout&ern District of 5e+ 6or- despite living in 7,nc&burg! 8iriginia and +&ere t&e +are&ouse is located. On t&e one &and! t&e defendant is a corporation organi9ed under t&e la+s of :enns,lvania and is ;ualified to do business bot& in 5e+ 6or- and 8irginia. <t &as officials designated to eac& state as agents to receive service of process. =&en t&e defendant +as sued! it invo-ed t&e doctrine of forum non conveniens. <t claimed t&at t&e 8irginia is t&e appropriate place for trial because it is +&ere t&e plaintiff lives! +&ere t&e defendant does &is business! +&ere all t&e events of t&e litigation too- place! +&ere most of t&e +itnesses reside! and +&ere bot& t&e state and federal courts are available to t&e plaintiff and are able to obtain /urisdiction of t&e defendant. 5o (ederal ;uestion is involved and +as broug&t to t&e United States District Court solel, on t&e issue of diversit, of citi9ens&ip of t&e parties. *&e district court dismissed t&e case citing t&e >rie ?ailroad Co. vs *omp-ins and considered t&e t&at t&e la+ of 5e+ 6or- is forum non conveniens applied and s&ould be left to 8irginia Courts. @o+ever! t&e Circuit Court of Appeals disagreed as to t&e applicabilit, of 5e+ 6or- la+! too- a restrictive vie+ of t&e application of t&e entire doctrine in federal courts. <t reversed t&e district court. @ence! certiorari +as filed. <ssue) =&et&er t&e United States District Court &as in&erent po+er to dismiss a suit pursuant to t&e doctrine of forum non conveniens. ?uling) 6es. *&e district court &as t&e po+er to dismiss a suit pursuant to t&e doctrine of forum non conveniens. As s&o+n b, several /urisprudence! t&e US courts are allo+ed to decline

    /urisdiction on cases rig&tfull, under its /urisdiction on e.ceptional circumstances! one of +&ic& is t&e application of forum non conveniens. *&e doctrine provides t&at a court ma, relin;uis& its /urisdiction to &ear a case +&en suc& c&oice in venue to file t&e case causes inconvenience or burden to one of t&e parties or +&en t&e c&oice in venue clearl, is a form of &arassment to t&e adverse part,. Also! t&e interests of fair pla,! inconvenience on t&e part of t&e adverse part,! public interest! and t&e c&aracter or nature of t&e parties are to be balanced. <f t&e court sees a strong balance in favor of t&e adverse part,! it ma, appl, t&e doctrine. <n t&e case at bar! several factors +ere considered in order to appl, t&e doctrine. (irst! t&e plaintiff is not a resident of 5e+ 6or- and t&e tortious event &appened in 7,nc&burg! 8irginia. <n fact! t&e court +as candidl, told b, t&e plaintiff t&at t&e venue +as c&osen b, t&e insurance compan, for purposes of subrogation. Second! all t&e +itnesses! t&e customers of t&e plaintiff and t&ose t&at +ere part of negligent act live in 7,nc&burg! 8irginia. Onl, t&e la+,er for t&e plaintiff is said to be residing in 5e+ 6or-. *&ird! a trial in 8irginia +ould simplif, t&e proceedings. <f t&e proceeding is conducted in 8irginia! issues on conflicts of la+s ma, be avoided. @ence! given t&ese circumstances! t&e district court did not abuse its discretion in appl,ing t&e doctrine of forum non conveniens.

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