A.D.M. Productions, Inc. v. Solomon
A.D.M. Productions, Inc. v. Solomon
Opinion of the Court
A.D.M. Productions, Inc. [ADM] seeks the reversal of a trial court order which denies ADM’s forum non conveniens motion to dismiss.
“The Court: As long as I have witnesses here, I keep it here.”
Such a policy eviscerates Kinney by making the plaintiffs witness list conclusive as to the forum. “Adequate access to witnesses,” part of a Kinney analysis, does not mean that having local witnesses on the plaintiffs witness list automatically defeats an inconvenient forum motion to dismiss. The trial court must evaluate the relevancy and materiality of the potential testimony that a listed witness may bring to the issues.
In the instant case, from the record, we know little or nothing about what evidence is proposed to be elicited from Solomon’s listed witnesses. Accordingly, we remand the cause to the trial court to perform a Kinney analysis, and to provide us with its findings in support of its conclusion to grant or deny the motion.
Reversed and remanded.
. ADM contends that New York is the proper forum.
Reference
- Full Case Name
- A.D.M. PRODUCTIONS, INC., etc. v. David SOLOMON
- Cited By
- 3 cases
- Status
- Published