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082935P.pdf 08/06/2009 Ronald Bacon v. Liberty Mutual Insurance
U.S. Court of Appeals Case No: 08-2935
U.S. District Court for the Southern District of Iowa - Council Bluffs
[PUBLISHED] [Shepherd, Author, with Murphy and Melloy, Circuit
Judges]
Civil case - insurance. Under the provisions of 28 U.S.C. Sec. 1404(a),
the district court erred in dismissing suit under the doctrine of forum non
conveniens; even if transfer under 1404(a) were unavailable, and
Nebraska state court remained the only viable alternative forum, the court
still erred in its application of traditional forum non conveniens
principles; on remand, the district court should use Iowa's choice-of-law
rules to determine whether Iowa or Nebraska law governs the suit.