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New York Court of Appeals Roundup: Kainer Affirms Court Discretion Regarding Forum Non Conveniens

01.19.22

In their column in the New York Law Journal, Litigation Partners Bill Russell and Linton Mann III examine Estate of Kainer, et al. v. UBS AG et al., a recent ruling in which the New York State Court of Appeals reaffirmed the broad discretion courts have to decide forum non conveniens motions. The Court explained that the decision to grant or deny a forum non conveniens motion is subject to the trial court’s discretion and will not be disturbed by the Court of Appeals so long as lower courts have considered the relevant factors—even if the appellate court itself would have weighed those factors differently.

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