Tom C. Clark

Name: Norwood v. Kirkpatrick — Dissent
Author: Tom C. Clark

Summary

“Norwood v. Kirkpatrick — Dissent”, is a work by Tom C. Clark. It explores elements such as forum, Koster and conveniens.

Quotes from Norwood v. Kirkpatrick — Dissent (Tom C. Clark)

Tom C. Clark, Norwood v. Kirkpatrick — Dissent

“ I would reverse and direct that the transfer application be determined under forum non conveniens, and particularly the Gulf Oil and Koster decisions. The answer to the majority's contention that this would unduly curtail a desirable reform is simply that this dispute involves not merely 'forum shopping,' but the whittling away by judicial interpretation of the privileges and benefits of working men under the Federal Employers' Liability Act. The battle over the scope of their rights should be fought out in the Congress-as it was in the case of the Jennings Bill-and not in the courts. ”

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Source: Wikisource

Tom C. Clark, Norwood v. Kirkpatrick — Dissent

“ In any balancing of conveniences, a real showing of convenience by a plaintiff who has sued in his home forum will normally outweigh the inconvenience the defendant may have shown.' Koster v. Lumbermens Mutual Co., 330 U.S., at page 524, 67 S.Ct. ”

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Source: Wikisource

Tom C. Clark, Norwood v. Kirkpatrick — Dissent

“ The new subsection requires the court to determine that the transfer is necessary for convenience of the parties and witnesses, and further, that it is in the interest of justice to do so.'
The federal courts, in exercising their discretion under this provision, are thus not set adrift on an uncharted sea, to order transfers according to their personal notions of justice. They are explicitly referred to the body of doctrine in Anglo-American law known as forum non conveniens, a doctrine which was certainly well developed at the time of the passage of the new Code. ”

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Source: Wikisource

Tom C. Clark, Norwood v. Kirkpatrick — Dissent

“ He should not be deprived of the presumed advantages of his home jurisdiction except upon a clear showing of facts which either (1) establish such oppressiveness and vexation to a defendant as to be out of all proportion to plaintiff's convenience, which may be shown to be slight or nonexistent, or (2) make trial in the chosen forum inappropriate because of considerations affecting the court's own administrative and legal problems. ”

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Source: Wikisource

Tom C. Clark, Norwood v. Kirkpatrick — Dissent

“ The statements in Gulf Oil and Koster that the plaintiff's choice could be disturbed only if 'the balance is strongly in favor of the defendant' and that this 'rarely' is the case, together with the defeat of the Jennings Bill, is certainly sufficient evidence that Congress had no intention of seriously interfering with an FELA plaintiff's choice of forum. ”

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Source: Wikisource

Tom C. Clark, Norwood v. Kirkpatrick — Dissent

“ Forum non conveniens has no such impact in this country, and, in fact, Koster may be regarded as an extreme decision in depriving a plaintiff of his home forum. [3] With this the state of the law, both now and in 1948 when the Code was adopted, we certainly should require a more explicit direction from Congress before depriving an injured party of his privilege under the FELA of bringing suit in his own district-at least when the standards of Koster have not been applied. ”

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Source: Wikisource

Tom C. Clark, Norwood v. Kirkpatrick — Dissent

“ Under this judgment, Alexander Norwood, who lives in Philadelphia where he filed this suit for damages against the railroad, will have to go to South Carolina if he wishes to prosecute it. Joseph Tunstall and John Smallwood, both of whom live in Washington, D.C., will likewise have to go all the way to South Carolina if they hope to recover any damages against the railroad. All three allegedly suffered permanent injuries when a passenger train on which they were employed was derailed. ”

Tom C. Clark

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Quotes from Norwood v. Kirkpatrick — Dissent (Tom C. Clark)

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