Recent Trends In International Product Liability Litigation

The United States courts collectively are becoming the "world's courthouse."

Attracted by the high quality and efficiency of U.S. courts, the increasing willingness of U.S. courts to exercise jurisdiction over international disputes, and the perception that larger damage awards and punitive damages may be available in U.S. courts, non-U.S. litigants are filing cases in U.S. courts with increasing frequency. U.S. companies named as defendants traditionally reacted to such lawsuits by filing motions to dismiss in favor of the non-U.S. courts based on the doctrine of forum non conveniens. However, changed conditions in many countries have now made such motions much more difficult or, worse, ill-advised.