The Supreme Court has heard two cases on the issue of forum non conveniens in recent years: Instead, they usually consider the adequacy of the alternative forum's remedy as another factor to be balanced when deciding whether or not to grant a forum non conveniens dismissal. However, lower courts do not strictly follow this rule. In that case, the Court held that so long as there was a remedy available in the alternate forum, it did not matter if the remedy was clearly insufficient. The Supreme Court considered forum non conveniens in Piper Aircraft Co. On appeal, forum non conveniens decisions are evaluated using an abuse of discretion standard. Alternatively, a court might dismiss the case in favor of a foreign court, but only on the condition that the defendant allow discovery. For example, the court might require the defendant to waive defenses that would prevent the plaintiff from re-filing the suit in the alternative forum. Sometimes, courts attach conditions to forum non conveniens dismissals. There is a substantially more appropriate court that is available for the plaintiff's claim.
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