From the opening of Bondi v. Citigroup, Inc. (N.J. Superior Court Jan. 22, 2007):
I. INTRODUCTION
This opinion addresses defendants’ renewed motion to
dismiss the complaint on the ground of forum non conveniens
following a remand from the Appellate Division. After
carefully reviewing a hastily cobbled together record that
supposedly details the tortured and inordinately expensive
labors that the parties have endured during the initial
discovery phase of this litigation, I am now more convinced
that New Jersey remains an appropriate forum for resolution of
the instant dispute. Although the urbane land of Dante
Alighieri, Michelangelo Buonarroti, and Leonardo Da Vinci
might better suit defendants’ liking than the straightforward
home of Yogi Berra, Anthony Soprano, and Frank Sinatra, I
remain steadfast in my view that the Italian connection with
the goings-on in this case does not trump the reasonable
selection of New Jersey for its dispute resolution. I deny
defendants’ motion to dismiss.II. BACKGROUND
I have already issued two opinions adjudicating the
parties’ motions to dismiss. In an unreported opinion, on
leave granted, the Appellate Division affirmed the denial of
defendant’s motion, but wryly noted, “while we affirm the Law
Division’s order, we do so without prejudice to defendants to
move for dismissal on the grounds of forum non conveniens at
an appropriate time.” Defendants claim that over the last six
months following the remand they have mustered sufficient
evidence of a frustratingly complex discovery process to
warrant dismissal now in favor of a European forum.Hard upon the heels of the notorious economic wreckage of
Parmalat in Italy and around the globe, putative victims
seeking to protect themselves from the admitted wrongdoing of
Parmalat and its corporate managers established numerous
battle lines. The primary locus for the resolution of claims
relating to Parmalat-induced economic injuries is in Italy,
but the effects of the Parmalat fiasco are felt in scores of
corners of the Earth….
One more amusing item, from the discussion of the “Local Interest in Having Localized Controversies
Decided at Home” factor:
Regarding this fourth public interest factor, defendants
remind the court that the billion dollar fraud was
perpetrated, if at all, far from New Jersey. New Jersey, then,
would only have a morbid curiosity about the fallout from the
conduct of Parmalat’s venal managers….