Essay Title: 

Kinney System, Inc v. Continental Ins.

March 22, 2016 | Author: | Posted in asian studies, history

Summary of Kinney System , Inc . v . Continental Insurance Company


Kinney System , Inc . v . The Continental Insurance Company

No . 84 , 329 (Fla . Jan . 25 , 1996


Kinney System , Inc . is a Delaware corporation with headquarters in New York while The Continental Insurance Company is a New Hampshire Corporation registered to do business in Florida . The two companies were involved in a dispute regarding workers compensation insurance premiums A contract of insurance was negotiated in New York to cover Kinney ‘s employees in different states , including those in Florida

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trial judge dismissed the case on the ground of forum non conveniens . On appeal , the Fourth District reversed and justified its action with the ruling of National Aircraft Service , Inc . v . New York Airlines , Inc . which said that forum non conveniens does not apply where one of the corporate parties to the action is licensed to do business in Florida , with a place of business in Florida


Is the trial court precluded from dismissing an action on the basis of forum non conveniens where one of the parties is a foreign corporation that

is doing business in Florida

is registered to do business in Florida

is its principal place of business in Florida


The Florida Supreme Court held that in all three cases , trial courts will not be precluded from dismissing an action based on forum non conveniens . This is because corporate residency is not the only factor to take into consideration . Trial courts must gauge the situation using the balance of conveniences approach . This is done by applying a four-way test where the trial court must determine if

An adequate alternative forum exists which possesses jurisdiction over the whole case

All relevant factors of private interest favor the alternative forum weighing in the balance of a strong presumption against disturbing plaintiff ‘s initial forum choice

The balance of private interests is at or near equipoise , the court further finds that factors of public interest tip the balance in favor of trial in the alternative forum and

The plaintiffs can reinstate their suit in the alternative forum without undue inconvenience or prejudice

The Florida Supreme Court rejected the ruling in Houston v . Caldwell and in the light of public interest considerations , applied the ruling in Gulf Oil Corp . v . Gilbert instead . The main inquiry in a balance of public interests approach is whether the case has a general nexus with the forum sufficient to justify the forum ‘s commitment of judicial time and resources to it ‘ The use of Florida courts exist to judge matters with significant impact upon Florida ‘s interests , especially in the light of the facts that the taxpayers of this state pay for the operation of the judiciary . Nothing in our Constitution compels the taxpayers to spend their money even for the rankest form shopping by out-of-state interests

Forum non conveniens is a common law doctrine addressing the problem that arises when a local court technically has jurisdiction over a suit but the cause of… [banner_entry_footer]

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