Texas Supreme Court Makes Forum Shopping In Texas More Difficult

On December 5, 2008, the Texas Supreme Court issued a landmark ruling interpreting the Texas forum non conveniens statute, § 71.051 of the Texas Civil Practice and Remedies Code, which severely limits the discretion of a trial court in determining whether a case should be dismissed based upon forum non conveniens. In Re: General Electric Company, Et Al., Relators, No. 07-0195 (Tex. 2008). As a result of this ruling, trial court judges must dismiss a case on the basis of forum non conveniens if the evidence establishes that an adequate alternative forum exists and that the private and public factors have been met. Thus, it will be more difficult for a plaintiff to forum shop and maintain non-Texas claims in Texas.