The Volokh Conspiracy - Funny Item in a Recent New Jersey Decision:

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....

	[Eugene Volokh, January 26, 2007 at 1:42pm] Trackbacks Funny Item in a Recent New Jersey Decision: 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....