Court Says Forum Doctrine Allows Courts to Consider Removal Prospects

SEATTLE -- The Washington Supreme Court has upheld the reversal of a forum non conveniens-grounded dismissal, saying that because the trial court refused to consider the possibility that, when re-filed, the case could be removed and transferred to the federal asbestos MDL, its analysis of public and private factors was not complete. Sales, et al. v. Weyerhaeuser Co., et al., No. 80472-9 (Wash. Sup. Ct.).

In the Feb. 7 order, the high court noted that when dismissing the case on forum grounds, the trial court weighed public and private factors between Washington state court and Arkansas state court. However, because …