Madalynn Carey v. Bayerische Hypo-Und Vereinsbank Ag
370 F.3d 234 · Court of Appeals for the Second Circuit · 2004
Facts
Plaintiff Madalynn Carey, a U.S. citizen residing in Texas, sued German bank Hypo-Vereinsbank in New York, alleging fraudulent inducement and performance fraud related to a 1992 loan-and-mortgage agreement for a German apartment investment. Carey entered the agreement while living in Germany, later moved to the U.S., and ceased payments, leading to the bank's motion to dismiss for forum non conveniens.
Issue
Did the district court abuse its discretion by dismissing a U.S. resident's lawsuit against a German bank for forum non conveniens, requiring her to litigate in Germany over a German real estate investment?
Holding
No, the Court of Appeals affirmed the district court's dismissal for forum non conveniens, finding that the decision was within the bounds of permissible discretion given the circumstances of the dispute.
Rule
Under the doctrine of forum non conveniens, a court may dismiss a case if an adequate alternative forum exists and private and public interest factors strongly favor dismissal, even for a U.S. resident's choice of home forum, especially when the dispute arises from a voluntary foreign investment with strong ties to the foreign country.
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